Types of proceedings

The Federal Constitutional Court only acts upon application. The Basic Law and the Federal Constitutional Court Act provide for various modes of recourse to the Court.

  • Constitutional complaints

    Anyone who thinks that German public authority has violated their fundamental rights can lodge a constitutional complaint.

  • Organstreit proceedings

    The highest federal organs and equivalent bodies can lodge an application to resolve disputes concerning their rights and obligations arising from the Basic Law.

  • Disputes between the Federation and the Länder

    Disputes between the Federation and the Länder allow the Federation and the Länder to defend their competences within the federal system of government.

  • Abstract judicial review proceedings

    The Federal Government, a Land government or one quarter of the members of the Bundestag may submit a statute for constitutional review.

  • Specific judicial review proceedings

    Ordinary courts cannot declare a law unconstitutional themselves; they must refer such matters to the Federal Constitutional Court.

  • Proceedings for the prohibition of a political party

    Only the Federal Constitutional Court can prohibit anti-constitutional parties upon application by the Bundestag, the Bundesrat or the Federal Government.

  • Electoral complaints

    The Federal Constitutional Court examines whether electoral law has been observed in relation to Bundestag elections and elections to the European Parliament.

  • Preliminary injunctions

    The Federal Constitutional Court can issue a preliminary injunction to decide a matter provisionally.