The constitutional complaint (german: Verfassungsbeschwerde) is a
remedy found in
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
for protection of
constitutional rights
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may ...
. It derives from Article 93 Sec. 1 Nr. 4a of the
Basic Law. It resembles in certain respects the ''
amparo'' remedy available in some Spanish-speaking nations.
The constitutional complaint is an extraordinary remedy for the protection of constitutional rights. These are the basic rights (Art. 1 - 19 GG) and certain related rights (Art. 20 Sec. 4, Art. 33, Art. 38, Art. 101, Art. 103, Art. 104 GG).
The constitutional complaint originally was only part of a federal law (ยงยง 90 ff. BVerfGG) and not part of the constitution itself. Yet it was incorporated in the Constitution in 1969, because at the same time the so-called
Notstandsverfassung (regulations for the case of emergency and war) was incorporated in the constitution. In case of emergency it is possible to impose restrictions on the citizens in respect to certain basic rights. In order to avoid the possibility of simple changes of the federal law, the remedy was incorporated in the constitution.
The constitutional complaint is not a popular action. Although everyone can take action, the appellant must meet certain requirements:
*The appellant must allege that their above-mentioned constitutional rights have been violated by an act of German (not
EU) public authorities (be it
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive di ...
,
judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
or
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known ...
).
*The appellant needs to be affected:
**himself,
**currently, and
**immediately.
The latter requirement will normally only be met by constitutional complaints against judgments and against acts of the executive. Laws are normally not self-executing.
As an extraordinary remedy the constitutional complaint is subsidiary to the regular remedies. This means two things. In the first place the appellant must have used every possible other remedy (also the remedy in case of infringement of the claim for hearing). This is why practically, constitutional complaints are mostly directed against judicial acts, not acts of the executive (which can still be contested at the
administrative court
An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered s ...
). Secondly (and the reason why so many complaints are dismissed as inadmissible), the appellant must have already claimed the violation of the above-mentioned rights while making use of the regular remedies.
The complaint must be written. And it is subject to a deadline. Against laws the deadline is one year after the coming into force. For the other cases it is one month after the service / notification.
The appellant can be a legal person, as far as the above-mentioned rights "fit" (Art. 19 Sec. 3 GG).
{{Germany-law-stub
German constitutional law