Submit a complaint to the Federal Constitutional Court

Federal Constitutional Court - briefly introduced

The Federal Constitutional Court was on 28. Launched on September 1st, 1951. It represents the highest federal German court. It primarily deals with constitutional complaints. It is about violations of fundamental rights. These are Articles 1 to 20 of the Basic Law (GG) as well as the so-called extended basic rights 101 to 104 GG.

• It is also responsible for the so-called norm control. The federal states, governments or even members of the Bundestag can have a new law checked for constitutional conformity. So you too can file a lawsuit with the Federal Constitutional Court.

• It should be noted that there are even higher instances. These include the European Court of Human Rights, the European Court of Justice and the International Court of Justice.

• Even if many courts and authorities do not always accept it, due to the laws § 31 BverfGG and Article 20 GG paragraph 3, the decision of the Federal Constitutional Court becomes law. However, the legislators often lag behind with the amendment within the legal texts.

Filing a lawsuit - here's how

The Federal Constitutional Court can be easily reached by fax. You can even find one on his website Leaflethow to file a lawsuit.

• There is no need for a lawyer to process a constitutional complaint and it is even free. Use the judgments you want to challenge to explain to the court what violations of fundamental rights you are denouncing. To do this, fax or send the judgments you have complained to the court as well. A normal photocopy is sufficient for postage.

• If you do not have enough experience, but want to practice "lawyer" all by yourself, the best thing to do is to read the website of the Federal Constitutional Court. All judgments from the last few years are uploaded there. So you get a feel for that language.

• Search using Google or the search function on the decision search on the website Basic judgments that also correspond to your case and include them in your constitutional complaint a.

• Note that sometimes the Federal Constitutional Court is a little sloppy and sometimes leaves something behind for a long time. Don't panic if the dish seems bitchy because it won't accept something. This often means that the constitutional complaint will not be accepted because it has already been decided or because it is of no importance.

• Therefore you act in advance in your lawsuit that it has already been decided in a similar case is, but the court in your case violates 20 GG paragraph 3 in conjunction with § 31 BverfGG and 19 GG paragraph 4 Has.

• Don't be surprised if there is still no opening, sometimes you have to rely on that first Rules of procedure of the Federal Constitutional Court refer to a procedure from the general register AR, to the procedural level to pull. To do this, refer to Section 61 (3) sentence 1 of the BVerfGGO, which is also referred to as the GO-BVerfG.