Bavarian Constitutional Court

Courthouse in Prielmayerstr. 5 in Munich

The Bavarian Constitutional Court is the state constitutional court of the Free State of Bavaria and is one of the three constitutional organs alongside the state parliament and the state government .

Foundation, history and building

The constitutional court in the form we know today was established by the constitution of the Free State of Bavaria of December 2, 1946. The forerunner was the Bavarian State Court , which was founded on March 30, 1850. The Bavarian Constitutional Court is now housed in the New Justice Building in Prielmayerstraße in Munich , which also houses the civil senates of the Munich Higher Regional Court .

Constitutional foundations

House board

The powers and tasks of the Bavarian Constitutional Court are regulated in Section 5 of the First Main Part of the Bavarian Constitution.

The Constitutional Court is the highest court for questions of constitutional law and makes decisions

Charges against members of the Bavarian State Government or the Bavarian State Parliament
the exclusion of groups of voters from the election and the validity of the election
Judicial review complaints and constitutional complaints regarding the state constitution
Organ disputes between the highest state organs

There is also the popular action for every citizen in Bayern the chance lawsuit against state laws , legislation or regulations before the Constitutional Court to raise to be affected without itself.

President, members and election of judges

The Bavarian Constitutional Court consists of the President, 22 professional judges , 15 other members and their representatives. Peter Küspert has been President of the Bavarian Constitutional Court since March 2015 . In terms of protocol , the President of the Constitutional Court ranks third in the Free State, after Prime Minister and President of the Landtag .

Both the President and the 38 honorary judges at the Constitutional Court are appointed by the Landtag with a simple majority. Therefore, the Constitutional Court was said to have a certain proximity to the Bavarian majority party CSU . However, a referendum to change the rules for the election of judges failed in 2000.

occupation

For information on the cast, see the list of members of the Bavarian Constitutional Court

Procedure

The procedural legal basis for the proceedings before the BayVerfGH are the provisions of the BayVerfGHG. Art. 9 BayVerfGHG refers to the provision of § 22 StPO with regard to the exclusion from judicial office . The procedures on constitutional complaints and the procedures on interim orders according to Art. Art. 26 BayVerfGHG.

Constitutional Complaints

The procedure on the constitutional complaint before the BayVerfGH essentially corresponds to the procedure before the BVerfG and only differs in the following four points:

The deadline for filing a constitutional complaint is two months
The BayVerfGH can the complaint leader pursuant to Art. 27 para. 1 BayVerfGHG a cost of an advance of up to 1,500 euros impose. In this case, the proceedings before the BayVerfGH will only be continued if the complainant pays this advance payment.
The hearing of the Bavarian Ministry of Justice is mandatory, the Ministry of Justice can comment on the procedure or waive an opinion and finally
The decisions of the BayVerfGH must always be justified , even if they are obviously unfounded .

Interim measures

Interim orders are based on Art. 26 BayVerfGHG. The procedure corresponds to that of § 32 BVerfGG . An example of a rejection of a temporary injunction in a popular lawsuit is the decision of March 7, 2019, regarding the Bavarian Police Task Act ( PAG ).

Web links

Commons : Bavarian Constitutional Court - collection of images

Website of the Bavarian Constitutional Court
Overview of the case law of the Bavarian Constitutional Court
Henning Ernst Müller , Bavarian Constitutional Court forbids crosses in courtrooms! Or? , published on March 20, 2019 on Beck-Blog

Individual evidence

48.14064 11.562992Coordinates: 48 ° 8 '26.3 " N , 11 ° 33' 46.8" E

[1] Art. 55 of the Act on the Bavarian Constitutional Court (VfGHG)

[2] Directory of judges

[3] Law on the Bavarian Constitutional Court of May 10, 1990, GVBl. Pp. 122, 231, BayRS 1103-1-I

[4] Art. 9 of the Act on the Bavarian Constitutional Court (VfGHG)

[5] Art. 27 of the Act on the Bavarian Constitutional Court (VfGHG)

[6] Art. 52 of the Act on the Bavarian Constitutional Court (VfGHG)

[7] Art. 26 of the Act on the Bavarian Constitutional Court (VfGHG)

[8] Decision of March 7, 2019, Az. 15-VII-18, Bayerisches PAG remains untouched for the time being

[9] BayVerfGH: No interim order due to changes to the Police Tasks Act (PAG)