The Federal Constitutional Court

Proceedings on the Constitutionality of Statutes

Only the Federal Constitutional Court may find that a statute is incompatible with the Basic Law. Should another court consider a statute to be unconstitutional and therefore wish not to apply it, it must first obtain the decision of the Federal Constitutional Court (concrete review of statutes). Additionally, the Federal Government, a State Government or one quarter of the members of the Bundestag may have the constitutionality of a statute reviewed (abstract review of statutes).