КОНСТИТУЦИОННАЯ ЖАЛОБА В ГЕРМАНИИ: ПРОЦЕССУАЛЬНЫЕ АСПЕКТЫ

Abstract

This article deals with the role of the Federal Constitutional Court of Germany in the consideration of constitutional complaints. A constitutional complaint in Germany exists not only at the federal level as a proceeding in the Federal Constitutional Court, but also in the federal states in their land constitutional courts. If the constitutional complaint is accepted for consideration, then all potential violations are examined—not only the fundamental rights named by the applicant that may have been infringed by the disputed normative act. The court’s ruling is reviewed solely with respect to the violation of a specific constitutional right, and not in regard to the breach of an ordinary law.