The allocation of competences serves to ensure the right to one’s lawful judge (Art. 101(1) second sentence of the Basic Law). Firstly, it serves to divide cases between the two Senates. Secondly, it serves to assign cases to a Justice as reporting Justice. In addition, it determines the number and composition of the Chambers.
Allocation of cases between the Senates
§ 14 of the Federal Constitutional Court Act essentially determines the competences of the two Senates. It provides that the First Senate primarily deals with fundamental rights matters, whereas the Second Senate is principally designed as a court for state matters. The Plenary of the Federal Constitutional Court can deviate from this allocation of competences between the Senates if this becomes necessary due to an excessive caseload of one of the Senates on more than just a temporary basis. The Plenary of the Federal Constitutional Court regularly uses this option, especially because the caseload of the First Senate, which under the Federal Constitutional Court Act is competent to decide most constitutional complaints, would otherwise be considerably heavier than the caseload of the Second Senate.
When a new allocation scheme is determined, it takes effect at the beginning of the following judicial year; under certain conditions, it may also apply to pending proceedings. The allocation scheme is published in the Federal Law Gazette.
Allocation of cases within the Senates
The internal allocation of competences in the Senates determines who will be the reporting Justice in a given case and sets out the composition of the Chambers. Before the beginning of each judicial year or calendar year, each Senate decides how the cases are to be distributed to the Justices as reporting Justices. During the judicial year, deviations from these arrangements are only possible if required because a Justice is overburdened or unable to exercise their duties for an extended period. Reporting Justices are generally responsible for preparing written reports in the cases allocated to them. Before the beginning of the judicial year, each Senate also appoints several three-member Chambers for the duration of the year and decides which Justices serve as substitute members. Within the scope of their competences, the Chambers decide the cases that are assigned to one of their members as reporting Justice.