Federal Constitutional Court

The Federal Constitutional Court is an autonomous court of justice of the Federation which is independent of all other constitutional bodies. It ensures that the Basic Law is adhered to and is therefore often called the “guardian of the Constitution”. Its decisions cannot be contested and are binding upon all state bodies.

In Bundestag and European elections, the Federal Constitutional Court is responsible, on the one hand, for complaints about decisions taken by the German Bundestag (electoral complaint). On the other, it decides about complaints about decisions of the Federal Electoral Committee concerning the recognition as a political party or association entitled to nominate candidates.

It is also responsible for proceedings concerning the prohibition of political parties (party-ban proceedings).

Legal bases

Bundestag election:

Article 41 paragraphs 2, 3 of the Basic Law (GG)
Section 48 of the Federal Constitutional Court Act (BVerfGG)
Section 18 (4a), Section 49 of the Federal Elections Act (BWG)

European election:

Section 14 (4a), Section 26 (3) of the European Elections Act (EuWG)

Last update: 6 April 2017