Constitutional complaint (Germany)

The procedure serves to vindicate constitutional rights under the Basic Law of the Federal Republic of Germany (Grundgesetz, abbreviated GG).

In the business year 2018, the Court recorded 5678 constitutional complaints filed, of which only 92 were granted relief, in total.

The constitutional complaint was originally codified in federal law (BVerfGG §§ 90 et seq.)

A constitutional complaint is admissible only if complainants, at the time of filing,[4] have the legal standing (Beschwerdebefugnis) to do so.

[5] In particular, the act or omission must Standing is virtually always given when there is a court judgment or administrative order against the complainant.

In the first place, the appellants must have exhausted all other possible remedies,[7] including, if appropriate, a complaint on the procedural grounds of not being judicially heard (for instance, a violation of audi alteram partem).

Secondly, the complainant must have already raised the issue of the violation while in the course of their other remedies and so many complaints are dismissed as inadmissible.