The Federal Constitutional Court: tasks and proceedings

In short: The Federal Constitutional Court in Karlsruhe ensures that the Basic Law, Germany’s constitution, is upheld. It can declare laws unconstitutional and protects citizens’ fundamental rights.

In more detail: The court is both a court of law and a constitutional body. It only acts when an application is made and decides exclusively on constitutional questions, not on ordinary legal disputes.

In detail

• Structure: The court consists of two senates with eight judges each. Many cases are first dealt with by smaller chambers of three members.
• Election of judges: Half of the members are elected by the Bundestag and the other half by the Bundesrat, each with a two-thirds majority. The aim is to choose widely accepted figures.
• Term of office: The term is twelve years, ends at the latest when a statutory age limit is reached, and re-election is not possible. This is meant to strengthen independence.
• Constitutional complaint: Anyone can turn to the court if they believe a public authority has violated their fundamental rights. As a rule, the ordinary legal remedies must have been exhausted first.
• Judicial review of laws: The court examines whether laws are compatible with the Basic Law, for example at the request of the federal government, a state government or part of the Bundestag, or when another court considers a law unconstitutional.
• Disputes between bodies and between federation and states: It decides disputes between constitutional bodies about their rights and duties, as well as conflicts between the federation and the states.
• Further responsibilities: These include, among others, complaints about the validity of elections and proceedings to ban political parties, which only this court may decide.
• Effect of rulings: Its decisions bind all state authorities; some even have the force of law. The court can also set the legislature deadlines for amending a provision.
• Context: As part of the judiciary, the court safeguards fundamental rights and the separation of powers (grundgesetz-und-grundrechte, gewaltenteilung-legislative-exekutive-judikative).