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Topic: Federal Constitutional Court

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Motion of Confidence

Chancellor of Germany

Helmut Kohl

	The Federal Constitutional Court: an Introduction
		The Federal Constitutional Court is the "supreme guardian of the constitution".
		Constitutional organs are supreme bodies directly established under the Basic Law performing essential functions: the legislative bodies (the lower and upper chambers of parliament known as the Bundestag and the Bundesrat), the Federal President, the Federal Government and the Federal Constitutional Court.
		The court must transmit to the Federal Constitutional Court the files of the case and state in detail why its decision in that case depends on the validity of the statutory provision submitted for review and why it considers that provision to be unconstitutional.
	www.iuscomp.org /gla/literature/Inbverfg.htm (9703 words)

	German Federal Constitutional Court
		The sixteen judges of the German Federal Constitutional Court are distributed among two senates of eight judges.
		Finally, the Court is empowered to hear the constitutional complaints of ordinary persons who allege a violation of one of their guaranteed rights under the Basic Law.
		Court has been at the epicenter of some of the most controversial issues to rock German public life in the last fifty years.
	www.timetravelerproductions.com /german_federal_constitutional_co1.htm (634 words)

	Constitution of Germany - Helplinelaw
		The judges of the Supreme Federal Court are selected jointly by the Federal Minister of justice and a committee for the selection of judges consisting of the Land Ministers of justice and an equal number of members elected by the Bundestag.
		If a Federal judge, in his official capacity or unofficially, infringes upon the principle of the Basic Law or the constitutional order of a Land, the Federal Constitutional Court may decide by a two-thirds majority, upon the request of the Bundestag, that the judge be transferred to another office or placed on the retired list.
		The decision on constitutional disputes within a Land may be assigned by a Land law to the Federal Constitutional Court, and the decision of last instance in matters involving the application of Land law, to the higher Federal courts of justice referred to in paragraph 1 of Article 95.
	www.helplinelaw.com /law/germany/constitution/constitution11.php (1468 words)

	Federal Constitutional Court – Staatsrecht4u (Site not responding. Last check: 2007-10-03)
		It is the highest court of the Federal Republic, its decisions are obligatory to all.
		The residence of the Federal Constitutional Court is Karlsruhe
		The Federal Constitutional Court examines here upon the request of Federal Government, a federal state government or at least one third of the members of the Bundestag whether Federation law or law of the Laender autonomous of a concrete case is compatible with the Basic Law.
	www.staatsrecht4u.de /en/bundesverfassungsgericht.htm (646 words)

	European Union after Maastricht
		The Virginia court simply refused to obey the Supreme Court's mandate, declaring that the Supreme Court's decision was "not in pursuance of the constitution of the United States." [48] In the Virginia court's view, the Supreme Court had exceeded its jurisdiction and acted ultra vires.
		The Federal Constitutional Court explicitly attacked this "mutation of competences." It took aim at the ECJ's jurisprudence which permitted expansion and rejected the doctrines of "implied powers" and "effet utile" [159] as valid methods of treaty interpretation.
		The Court characterized article 177 as contributing "to the interpretation and application of [Union] law in as uniform a way as possible by all courts within the ambit of the EEC Treaty, in the interest of the Treaty objective of integration, certainty as to the law and equal application of the law." [194]
	www.jeanmonnetprogram.org /papers/95/9505ind.html (14317 words)

	Facts about Germany: The Federal Constitutional Court
		The Federal Constitutional Court is a characteristic institution of post-war German democracy.
		Ultimately every German court is obliged to submit a petition for actual assessment of the normative basis to the Constitutional Court should it consider a law to be un-constitutional.
		The Federal Constitutional Court holds a monopoly on interpretation of the constitution with regard to all jurisdiction.
	www.tatsachen-ueber-deutschland.de /en/political-system/main-content-04/the-federal-constitutional-court.html (293 words)

	Federal Constitutional Court - Germany - Equal Employment Opportunities
		The Federal Constitutional Court is called upon to verify the compatibility of legislative acts and court decisions with the basic principles promulgated in the constitution.
		Decisions of the ECJ are binding on German Labour Courts as well as the Federal Constitutional Court.
		The Basic Law (Constitution) upholds certain principles of the rule of law and social justice.
	www.ilo.org /public/english/employment/gems/eeo/law/germany/ct_fcc.htm (192 words)

	Jehovah's Witnesses: December 19, 2000 News Release
		Today the Federal Constitutional Court of Germany ruled that a religion may not be denied the status of a corporation under Public Law based on a test of loyalty to the state.
		Final word on the application is still forthcoming, as the Federal Constitutional Court remanded the case to the Berlin Federal Administrative Court for a new decision in harmony with the criteria in the Constitutional Court's ruling.
		The Federal Constitutional Court's opinion emphasized the principles of separation of church and state as well as the equality of all religions.
	www.jw-media.org /region/europe/germany/english/releases/religious_freedom/ger_e001219.htm (323 words)

	Federal Constitutional Court of Germany: Bundesverfassungsgericht - Institutions - German Archive: The Federal ...
		Federal Constitutional Court of Germany: Bundesverfassungsgericht - Institutions - German Archive: The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German Constitution, the Grundgesetz (Basic Law).
		The court’s practice of enormous constitutional control frequency on the one hand, and the continuity in judicial self-restraint and political revision on the other hand, created a unique defender of the Grundgesetz since World War II and assigned a remarkably outstanding role in a modern democracy.
		In addition, any regular court which has doubts about whether a law in question for a certain case is in conformance with the constitution may suspend that case and bring this law before the Federal Constitutional Court (procedure of Single Regulation Control).
	www.germannotes.com /archive/article.php?products_id=52&osCsid=03e0ee770f241ee02e45f269156927ea (1045 words)

	Application no. 29357/95
		The Constitutional Court referred to Sections 93a and 93b of the Federal Constitutional Court Act and to the decision of the Second Division of 15 May 1995, which was attached to the decisions in the applicants’ cases.
		The Constitutional Court noted that the scope of the provisions on treason and espionage was determined by Articles 3, 5 and 9 of the Criminal Code, which had been in force before the time of the offences in question.
		In their separate opinion to the Federal Constitutional Court’s judgment, three judges of the Second Division explained that they disagreed with the judgment as far as the finding of a technical bar to the prosecution of a group of persons having committed espionage was concerned.
	www.hri.ca /fortherecord2000/euro2000/documentation/judgments/applno29357-95.htm (5876 words)

	Donald Kommers - The Federal Constitutional Court: 50 Years (Site not responding. Last check: 2007-10-03)
		The occasion was appropriately festive and solemn: festive because the Court has exceeded the fondest hopes of its founders; solemn because the Court has come to be recognized as the mainstay of Germany's constitutional democracy.
		Finally, the Court is empowered to hear the constitutional complaints of ordinary persons who allege a violation of one of their guaranteed rights under the Basic Law.
		This enormous business load is just one indication of the extent to which German citizens have relied on the Court for the protection and defense of their constitutional rights, notwithstanding the fact that 95 percent of these complaints have been rejected.
	www.aicgs.org /research/g2001/kommers.shtml (632 words)

	Who is the Final Arbiter of Constitutionality in Europe? - III) The Position of the Federal Constitutional Court: ...
		If a constitution establishes a system of governance of enumerated and restricted powers, as the federal constitution in Germany and the European Community[38] does, the focus is on the mechanism of constitutional amendment.
		It is the task of the FCC as constitutionally designated final arbiter to decide whether the interpretive activity of the court is covered by the treaty and therefore binding, or itself an "ausbrechender Rechtsakt" and therefore not covered by the constitutional prescription making it part of the law of the land.
		Under this conception a procedure involving an elaborate deliberative process in a well constituted public sphere within the context of an institutionalized legislative procedure allowing for a high degree of transparency and clear principles of political responsibility involving a majority decision of directly elected representatives is not normatively distinguishable from back-room maneuvering of ministerial bureaucrats.
	www.jeanmonnetprogram.org /papers/98/9810III.html (5689 words)

	The University of Saarland, Germany (Site not responding. Last check: 2007-10-03)
		The Federal Constitutional Court (Bundesverfassungsgericht, or BVerfG) is Germany's Supreme Court, and its role is essentially "Guardian of the Constitution".
		A case coming before the Court may be heard by one of its two Senates, or for important cases, by the Court in plenary session.
		This is exceptionally available on an abstract basis to a limited group of bodies, but is more normally available on a concrete basis for cases referred by a lower court, where the lower court believes a law to be in breach of the constitution, and this question is central to the case.
	www.jura.uni-sb.de /english/Publications/bverfg.html (533 words)

	THE CONSTITUTION OF THE FEDERAL REPUBLIC OF GERMANY
		For example, after examining the court's decisions concerning freedom of expression, he observes, "In all this there is much food for thought as to the proper role of a constitutional court as well as the proper scope of free expression and of the cognate rights that help to make it a reality.
		The Constitutional Court in the 1972 JUDICIAL QUALIFICATIONS CASE recognized that "the principle of the separation of powers is not...realized in pure form in the federal arena.
		It is clear from Currie's account that the German Constitutional Court, the constitution it interprets, and the judicial culture that informs its opinions are in several important respects different from their counterparts in the United States.
	www.unt.edu /lpbr/subpages/reviews/currie2.htm (1502 words)

	EKD: Protestant Church in Germany - - Federal Constitutional Court sanctions asylum laws (Site not responding. Last check: 2007-10-03)
		The court gave its basic approval to the three pillars of the asylum compromise which was reached with great difficulty in 1993: the rejection of asylum-seekers entering Germany from other safe countries, the designation of countries of origin which are "free from persecution" and the processing of asylum-seekers’ applications at airports.
		As far as the rejection of asylum-seekers entering Germany from other safe countries are concerned (so called "Third-Country-Ruling"), the Federal Constitutional Court does not share the view that a refugee can be sent back to the country from which he or she entered without examining the circumstances, blindly so to speak.
		The far-reaching constitutional approval of the compromise on asylum reached in 1993 must not be used as justification for a much stricter application of the rules when it comes to deciding on individual cases.
	www.ekd.de /bulletin/1996/2242.html (781 words)

	The Supreme Court Historical Society
		The decision of the Supreme Court to reject a case, that is to say, to deny a petition, is simply made by not transferring a case from the conference agenda which includes all petitions, to the 'discuss list" which consists of all cases at least one justice wants to discuss in conference.
		The phrase "constitutional convention," once uttered by Justice Jackson,[3] prior to his appointment, was not meant in order to take pride in the existence of such a court.
		Thus it is throughout possible that he or she could be reluctant in conference if the majority of the court is tending to a point of view which is in opposition to this court member's and his or her assistant's view.
	www.supremecourthistory.org /04_library/subs_volumes/04_c19_m.html (4417 words)

	German Law Journal - Much Ado About Human Rights: The Federal Constitutional Court Confronts the European Court of ...
		The Federal Constitutional Court went so far as to state that the legislature may deviate from the requirements of international law, if it is the only way to avoid a violation of fundamental principles of the constitution.
		A new decision of an ordinary court would be predetermined by the Constitutional Court’s decision only insofar as the matter is the same, which is not the case if the finding of a decision depends on new developments or the passage of time [90].
		However, the Federal Constitutional Court gave a new turn to the interpretation of domestic provisions when declaring that the family courts must carefully consider whether the child’s best interest is to be in the father’s custody, especially in light of the ECtHR’s decision that the denial of custody violates the father’s rights.
	www.germanlawjournal.com /article.php?id=600 (7701 words)

	Dorf on Law: Defending the Indefensible: Why the German Federal Constitutional Court Got it Right
		The Court’s decision is interpreted as asserting that the power granted to officials under the law to shoot down planes is unconstitutional.
		Furthermore the Court’s assertion that by shooting the plane passengers are used as a mere means is highly misleading.
		The German Constitutional Court, by contrast, takes the position that an actor (here the legislator or the Defense Minister) can be treated as intending the known (or perhaps even reasonably foreseeable) consequences of the actions.
	michaeldorf.org /2006/12/defending-indefensible-why-german.html (1387 words)

	A Manual for Germany \| A Manual for Germany: Federal Constitutional Court (Site not responding. Last check: 2007-10-03)
		Germany’s Federal Constitutional Court is the highest court in the land and sits in Karlsruhe.
		The court decides on constitutional cases brought by German citizens and examines the constitutionality of German laws.
		The judges in the Constitutional Court are also informally known as the "Rote Roben" (Red Robes) due to their clothing.
	www.handbuch-deutschland.de /book/en/003_001_004.html (65 words)

	Background: Federal Constitutional Court \| Germany \| Deutsche Welle (Site not responding. Last check: 2007-10-03)
		Germany's high court is the authority on upholding the country's constitution and ensuring it's laws are adhered to.
		Normal cases begin when a lower court decides a law is unconstitutional and won't implement it, or when the federal government, a state government or two-thirds of the Bundestag want a law or policy reconsidered.
		Germany's ruling coalition may have purposely lost a confidence vote to trigger early elections, but the country's president or supreme court could yet kibosh the hopes of both politicians and the public for a new poll.
	www.dw-world.de /dw/article/0,1564,1652153,00.html (724 words)

	Courts and cases Germany (Lexadin)
		The court is neither in the same hierarchical structure as the Federal Constitution Court.
		The Regional courts (landesgerichte) are the courts of appeals for decisions from the local courts and courts of first instance in major civil and criminal matters.There are more than 100 regional courts in Germany.
		The Federal Administrative Court is the highest instance for administrative matters arising from disputes between citizens and the german authority.
	www.lexadin.nl /wlg/courts/nofr/eur/lxctdui.htm (413 words)

	Germany's Constitutional Court (Site not responding. Last check: 2007-10-03)
		With this decision the Federal Constitutional Court has legitimized the long-disputed admissibility of the deployment of German forces (outside the NATO area) under a United Nations mandate but at the same time made their deployment in each individual case subject to the approval of the German Bundestag.
		The main task of the Constitutional court is to decide questions of constitutional law and to settle disputes in constitutional matters.
		Unlike the Supreme Court in the United States which can avoid adjudicating the constitutionality of certain political matters according to the "political question doctrine", the German Constitutional court is bound to uphold the constitution even if this may undermine the authority of the parliament.
	www.airpower.maxwell.af.mil /airchronicles/cc/borner.html (4805 words)

	Impact of the Federal Constitutional Court's Decision on the German Betting Market
		Even though the Federal Constitutional Court based its decision in the case under consideration on the betting products offered in Bavaria, its opinion can also be applied to other federal states and is also relevant to other products offered by the state-run providers (e.g., lottery, keno).
		Now the Federal Constitutional Court has joined the highest courts of other European countries (e.g., the Netherlands, Italy) in finding that the state demonstrates an excessive fiscal interest in betting, and the court has therefore called upon the state to return as soon as possible to the original focus on channeling gambling.
		Perhaps the Federal Constitutional Court was not quite sure what its precise wording implied, but licenses issued by the former GDR are not "organized by the Free State of Bavaria" and can thus also be prohibited.
	www.casinocitytimes.com /news/article.cfm?contentID=157470 (1960 words)

	FederalNewsRadio - WFED: German Court Refuses Moroccan's Appeal
		Mounir el Motassadeq, 32, was convicted in November of being an accessory to the murder of the 246 passengers and crew on the four jetliners used in the 2001 terrorist attacks.
		Another appeal to Germany's federal appeals court has been filed and it was not yet clear when that may be addressed.
		However, the federal appeals court said evidence showed el Motassadeq knew that the men planned to hijack and crash planes and that his actions _ transferring money, and helping the hijackers keep up the appearance of being regular university students by paying tuition, fees and rent _ facilitated the attacks.
	www.federalnewsradio.com /index.php?nid=82&sid=691952 (844 words)

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