Bundesverfassungsgericht

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Reaching a decision

All proceedings begin with a written application lodged with the Federal Constitutional Court. Which of the two Senates is competent to decide the case generally depends on the type of proceedings; for abstract and specific judicial review proceedings and constitutional complaints, it depends on the relevant field of law and the provisions of the Basic Law that are claimed to be violated.

Applications are either entered directly into the Register of Proceedings or, if a constitutional complaint is clearly inadmissible or will clearly be unsuccessful in consideration of the Federal Constitutional Court's case-law, into the General Register.

If an application is entered into the General Register, the complainants can be informed in writing of the reasons for which their application is unlikely to be successful. If they request a judicial decision nonetheless, their constitutional complaints are entered into the Register of Proceedings; otherwise, the proceedings are terminated.

Within the Senate or Chamber, one Justice takes on the role of reporting Justice for the case in accordance with the Court’s internal allocation of competences. The reporting Justice prepares a comprehensive report in which they set out the case, provide legal analysis and make a (draft) proposal as to the Senate’s or Chamber’s decision. Judicial clerks typically assist the reporting Justice.

Most decisions are rendered by the Chambers, each of which is made up of three Justices of the respective Senate. A Chamber may refuse to admit a constitutional complaint for decision without giving reasons. The Chamber itself may grant the constitutional complaint if it is manifestly well-founded and the decisive constitutional issues have already been decided in the case-law of one of the Senates.

The Chamber decides in a written procedure; its decision must be unanimous. If the three members of the Chamber do not reach agreement, the Senate decides the matter, sitting with all eight Justices. Only the Senate can declare an act of Parliament void or incompatible with the Constitution.

The Federal Constitutional Court can give all parties to the proceedings and all parties entitled to make a statement, especially the federal and Land constitutional organs, the opportunity to submit a statement. It can also obtain submissions from expert third parties. If there is an oral hearing, the case is discussed in open court with the parties to the proceedings and expert third parties.

The Senate extensively deliberates on every decision in camera. Deliberations are based on the reporting Justice's written report and proposed decision.

In respect of constitutional complaints, a simple majority is required for declaring that constitutional law has been violated. Since each Senate is composed of eight Justices, a tied vote is possible. In this case, it is not the vote of the presiding Justice that is decisive; rather, the Court then cannot declare that constitutional law has been violated.

The members of a Senate who do not agree with a majority decision may present their views in a dissenting opinion, which is added to the decision and whose author or authors are named.

If there has been an oral hearing, the Senate’s judgment is pronounced publicly in the courtroom. Unlike the oral hearing itself, the pronouncement of the judgment may be broadcast on television and the radio. Senate decisions that are not preceded by an oral hearing and all Chamber decisions are issued as court orders and sent to the parties to the proceedings in writing.

All Senate decisions and important Chamber decisions are published on the Court’s website. Many decisions are publicised by the Court's press office. Senate decisions are also published as books (Decisions of the Federal Constitutional Court – BVerfGE).