What are the judicial powers of the President

Federal Constitutional Court

Judges

The court consists of two senates with eight members each. The President is currently the Chair of the First Senate, and the Vice-President is the Chair of the Second Senate. There are several chambers in both senates, each with three members. The 16 judges are each supported by four research assistants. They regularly have several years of professional experience in specialized courts, authorities, in law firms or in law.

Half of the 16 members of the Federal Constitutional Court are elected by the Bundestag and the Bundesrat, who alternately appoint the President and Vice-President. A two-thirds majority is required for each election. This should ensure the balance in the senates.

At least three members of each senate must come from the highest federal courts (Federal Court of Justice, Federal Administrative Court, Federal Fiscal Court, Federal Labor Court and Federal Social Court) so that their special judicial experience can be incorporated into the case law of the Federal Constitutional Court. Any person who has reached the age of 40 and is qualified to hold judicial office according to the German Judicial Act is eligible. The judges are elected for twelve years; the age limit is 68 years of age. Re-election is not permitted to ensure their independence.

Code of conduct for the judges of the Federal Constitutional Court

German I English I French

Income earned by the judges of the Federal Constitutional Court from non-judicial activity

German I English I French

administration

The administration of the Federal Constitutional Court consists of the administration of justice, the general administration, the IT / documentation department, the protocol department and the library. It is headed by the director at the Federal Constitutional Court on behalf of the President of the Federal Constitutional Court.

organization chart

Judicial administration

The judicial area of ​​the court administration consists of the Senate offices, the Rechtspflegerdienst and the General Register.

The two Senate offices create and manage the files, record the data in the procedural database and keep the deadline and negotiation calendar. They deal with the correspondence with those involved in the proceedings and announce judicial orders (e.g. summons), rulings (e.g. appointments) and decisions to the parties involved. In addition, they oversee the inspection of files.

The Rechtspfleger process the cost and remuneration determinations and take part in the preparatory work in the oral negotiations and announcements. You are responsible for the proofreading of senate judgments and court orders as well as the preparation of the final decrees.

The General Register (AR) has its own office for the creation and administration of approx. 10,000 entries per year. The work of the clerks is led by supervisory officers with the qualification for judicial office. In the general register, entries can be recorded with which the sender neither pursues a specific procedural request nor asserts a matter for which the Federal Constitutional Court has jurisdiction. These submissions are processed as judicial administrative matters (see Section 63 (1) of the Rules of Procedure of the Federal Constitutional Court). In particular, inquiries about the status of the matter and inquiries about the case law of the Federal Constitutional Court are included. Opinions on pending and completed proceedings are also entered in the general register and replied to.

In the General Register, constitutional complaints can also be registered for which, according to a preliminary assessment, an acceptance for a decision cannot be considered (see Section 93a of the Federal Constitutional Court Act) because they are obviously inadmissible or, taking into account the case law of the Federal Constitutional Court, obviously cannot be successful. This includes above all proceedings in which the deadline is not met or the legal process has not been exhausted, as well as proceedings in which the facts, the attacked sovereign act or the violated fundamental right are not adequately presented. If, after being informed of the legal situation, the sending person nevertheless requests a judicial decision, the matter will be entered in the procedural register and submitted to the responsible reporter.

If the Senate's responsibility for a constitutional complaint cannot be clarified quickly, it can first be kept in the general register. In practice, such constitutional complaints are provisionally entered in the general register on application or ex officio, for which an appeal or other legal remedy is still open (e.g. complaint to be heard, complaint of non-admission).

General Administration

General administration covers a wide range of different tasks. These include: administration, construction, procurement, printing, transport service, household, property management, law firm, organization, human resources, inbox, registry, security measures and the telephone and fax switchboard.

EDP ​​/ documentation center

The Federal Constitutional Court uses modern information technology to support almost all processes occurring in the course of the procedure. A reliable and secure IT network therefore forms the backbone for internal data exchange. The court's own IT department looks after the technical infrastructure required for this, including the applications, and develops them further. In addition, it guarantees the trouble-free external connection of the court - be it through secure access to the Internet or through the operation of the technical systems for smooth telecommunication.

The documentation center records and documents constitutional decisions and essential other materials - in particular, constitutionally relevant literary contributions. The decisions prepared by the documentation center are stored in the database juris released.

protocol

One of the main tasks of the protocol is the contact with other constitutional bodies and national institutions as well as the maintenance of international relations with foreign constitutional courts. The protocol is also responsible for organizing larger events in-house and translating court decisions into English.