Judge election: This is how the Federal Constitutional Court works

Since the foundation was founded in 1951, the Federal Constitutional Court has been guarding the freedom-democratic basic order. It is also a court and constitutional body. His decisions are incontestable. All other state organs are bound to its case law.

However, the court is not a political organ, but measures its decisions solely by the Basic Law. It is not subordinate to any ministry.

The headquarters in Karlsruhe also stand for the separation of law and politics. This was made significantly in the Federal Republic of Germany in Bonn and is now primarily designed in Berlin.

What tasks does the Federal Constitutional Court have?

It only works on request. There are different options here. For example, the federal government, a state government or a quarter of the members of the Bundestag can have a law checked for its constitutionality. At the request of the Federal Government, Bundestag or Bundesrat, the court can examine a ban on anti -constitutional parties.

Citizens can enforce their fundamental rights to the state by submitting constitutional complaints. With a share of 96 percent last year, these made up the majority of the 4,640 new procedures. Incidentally, the average success rate of the past ten years was only 1.56 percent.

How is the court built?

It consists of two senates. They belong to eight judges each. The president is the president of the court, currently Stephan Harbarth in the first Senate, or the Vice President, Doris König in the second Senate. There are several chambers in both senates, each with three members.

Each judge also has four research staff. In addition, there are, for example, legal nurses as well as employees in administration, library and IT. A total of around 270 people work at the court.

Who will be a constitutional judge?

The prerequisites are that you have reached the age of 40 and have the qualification for the judge’s office under the German judge Act. At least three members of each Senate must come from the highest federal courts – from the Federal Court of Justice, the Federal Administrative Court, the Federal Finance Court, the Federal Labor Court or the Federal Social Court. This should include their special judicial experience in the case law of the Federal Constitutional Court.

The Bundestag and the Federal Council choose half of the 16 members of the highest German court. They also alternately determine the president and the vice president. A two -thirds majority is required for the choice. This should ensure the balance in the Senate.

How long do you stay a constitutional judge?

The term of office is usually twelve years. The age limit is the end of the month in which the judge reaches the age of 68. After their expiry, however, they continue their official transactions until the succession is appointed. A re -election is excluded.

How are the responsibilities distributed?

On the one hand, this is regulated in the Federal Constitutional Court Act. On the other hand, the plenary – all 16 judges and judges together – takes resolutions. The first Senate primarily decides on the constitutional complaints of citizens on fundamental rights issues. The second Senate is more designed as a State Court and, as such, especially responsible for disputes between state organs such as the Bundestag and the Federal Government. He also decides on the rights of MPs and political parties.

Can someone decide on its own?

No, it’s always about majorities. Depending on the procedure, there are different requirements. The chambers in the Senate usually decide on constitutional complaints. This must be done unanimously, otherwise the Senate decides with all eight judges and judges.

According to the court, the simple majority in the Senate are enough to determine a constitutional exposure. A stalemate can be created for eight members. Then no constitutional impact can be determined.

For some other types of procedures such as party bans, according to the law, a two -thirds majority in the Senate, in this example, require a decision to disadvantage the defendant.

What about Senate members who are not the majority opinion?

You can represent your view in a so -called special vote. It is published with your name together with the decision. For example, three members of the Second Senate used this option when the judgment on electoral law reform from 2020.

Do all voices have the same weight?

Yes. Each member has a voice. That of President and Vice President does not count more than those of the other judges. A Senate is quorate if at least six members are present.

Can judges be excluded?

A Senate can rule out individual judges for concrete cases if, for example, they were already involved in the matter. That was only recently the case with the US drone attacks in Yemen. The second Senate then decided. Other criteria for exclusion are, for example, that someone is married to a party involved.