Constitutional complaint

Those Constitutional complaint is more extraordinary in the German right. The constitutional complaint is directed against sovereign document, those the citizen in its Fundamental rights or in fundamental right-same rights hurts. The connection of the public force to the fundamental rights follows from kind. 1 Abs. 3 GG. The constitutional complaint is out-arranged as individual constitutional complaint. One Process condition shank for other persons or objects is in principle impossible. Exeptionally however also legal entities know the injury of their fundamental rights ruegen by constitutional complaint: Kind. it plans 19 III GG that also legal entities can be carriers of fundamental rights, if it concerns domestic legal entities and the fundamental rights concerned their nature after on legal entities are applicable. The complaint leader must make valid, in own rights to be hurt (self embarrassment). Some German Lands of the Federal Republic plan individual constitutional complaints in their national conditions likewise for the federal state law. Responsible are then the national constitutional courts and/or. the high courts of state of the Lands of the Federal Republic. In all other respects is originally that according to kind. 93 Abs. 1 NR. 4a GG responsibly for the constitutional complaints. Further requirements result out § 13 NR. 8a and §§ 90 FF. BVerfGG. The rights which can be reprimanded by the constitutional complaint (thus fundamental rights and fundamental right-same rights) are in the articles 2 - 6, (without 7) 8 - 12, (without 12a) 13, 14, 16 - 17, (without 17a, 18) 19, 20 Abs. IV, 33, 38 Abs. 1 S. 1, 101, 103, 104 of the Basic Law laid down.

Conditions for validity

The normal request must in writing at the Federal Constitutional Court in Karlsruhe are submitted. The hurt right and also the law breaking (that must be designated sovereign act) to be indicated. Everyone, which is able is participation able, to be carriers from fundamental rights to. Those, which possess the fundamental right majority, are process able. The lecture of the law breaking must let the injury of fundamental rights appear possible. Furthermore no strange right may be made valid. Thus become Popularklagen excluded. The complaint leader must be at present concerned, so that far past or far an interference lying in the future does not represent a permitted complaint reason into the fundamental rights. The complaint leader must be further directly concerned. An important test point is the exhaustion of the . All possible redresses must have been exhausted therefore. Exeptionally can be deviated to the law from if the exhaustion of the course of law is not reasonable. The disadvantage must be however serious, a simple disadvantage is not sufficient for this not.

With judgement constitutional complaints one period of one month, with right sentence constitutional complaints exists one year.

Document of public force

As document of public force, which the constitutional complaint under-fall, all law-making document (right sentence constitutional complaint) and also judgements of all courts in Germany (judgement constitutional complaint) count.

Legitimacy of the constitutional complaint

In principle all and not only the fundamental rights specified by the complaint leader are examined, which are possible because of the law breaking.

The Federal Constitutional Court expects however of are likewise authorizes, its rights from kind. to make valid 28 GG before the Federal Constitutional Court. For Municipal constitution complaints likewise the thought of the Subsidiaritaet applies, so that first it is to be examined whether the right before countryconstitutional court (in some countries also as Constitutional court yard or High court of state designated) the country (if available - see !