Constitutional complaint and electoral complaint concerning the minimum voting age for European elections inadmissible

Press Release No. 50/2024 of 07 June 2024

Orders of 5 June 2024 - 2 BvR 1177/20, 2 BvC 15/20

In two orders published today, the Second Senate of the Federal Constitutional Court did not admit a constitutional complaint for decision and dismissed an electoral complaint. The complainants, who were born in August 2009 und July 2010 respectively, challenge the statutory minimum voting age, which precludes them from voting in the European elections.

In order to vote in the 2019 European elections, voters had to be at least 18 years old (§ 6(1) first sentence no. 1 of the European Elections Act in the version of 8 March 1994, Europawahlgesetz — EuWG). In January 2023, the minimum voting age was lowered to 16 years of age (§ 6(1) first sentence no. 1 of the European Elections Act). The complainants had raised an objection to the 2019 European elections, which was rejected by the German Bundestag by decision of 16 January 2020. In July 2020, the complainants challenged this decision by bringing an electoral complaint before the Federal Constitutional Court. At the same time, they lodged a constitutional complaint challenging the statutory provision on the minimum voting age. In late May 2024, the complainants declared that they were maintaining their applications despite the lowering of the minimum voting age. A third complainant, who in the interim had reached 16 years of age, withdrew his complaints.

The constitutional complaint and the electoral complaint are inadmissible. The constitutional complaint was not lodged within the applicable one-year time limit. The complainants’ challenge to the new provision lowering the minimum voting age to 16 years likewise did not comply with the one-year time limit. Nor was the electoral complaint lodged within the two-month time limit that commenced as of the day of the decision of the German Bundestag. It is not possible to reinstate the complainants into their former procedural position, because this time limit is preclusive.