Local constitutional complaint

As municipal constitutional complaint or municipal constitutional complaint that the will municipalities and municipal associations granted in Germany procedures referred to in which it because of a violation of the guarantee of local government , the Constitutional Court of the country or the Federal Constitutional Court can call. This constitutional dispute is not to be confused with a municipal constitutional dispute . The federal regulation contains Art. 93 para. 1 No. 4 b GG , §§ 13 No. 8 a, 91 BVerfGG . The Federal Constitutional Court Act impinges only in individual points an independent control over the individual constitutional complaint , as far as special provisions are lacking to apply the rules governing the individual constitutional complaint norms.

Municipalities and associations of municipalities are eligible to apply. The latter mainly includes the rural districts , as well as higher municipal associations such as the districts in the Free State of Bavaria, but not special purpose associations . As legal entities , these entities are not, as such action and therefore not competent to stand trial , but require this, the representation by the after municipal law for this purpose in each country competent organ . In the case of municipalities, this is the mayor , in the case of districts, the district administrator . The subject of the complaint can only be a law . This can belong to federal or state law . A law in the material sense is sufficient. The only possible reason for a complaint is a violation of the right to local self-government. The complaint must be submitted in writing with a reason. Since the subject of the complaint is a law, it must be raised within one year of its entry into force. The Federal Constitutional Court has extended the standard of examination via Article 28, Paragraph 2 of the Basic Law to all norms of the Basic Law which are suitable for "helping to determine the constitutional image of self-administration". Because of the limited authority to submit applications, the lack of fundamental rights quality of the self-government guarantee - this does not represent a fundamental right, but only an institutional guarantee - and the limitation of the subject of the complaint, contrary to the description, it is actually not a constitutional complaint in the strict dogmatic sense, but a norm-control procedure of its own According to Art. 93 Para. 1 No. 4 b GG, § 91 S. 2 BVerfGG, the local constitutional complaint to the Federal Constitutional Court is excluded, as far as a corresponding complaint can be made to the constitutional court of the state.

literature

Schlaich, Klaus; The Federal Constitutional Court, 3rd edition, Beck, Munich 1994 ( ISBN 3-406-38131-6 )

Remarks

↑ If the self-governing bodies were entitled to basic rights, an individual constitutional complaint would have to be made because of the violation of the same. The Federal Constitutional Court, however, has consistently ruled that it denies their fundamental rights.

[1] If the self-governing bodies were entitled to basic rights, an individual constitutional complaint would have to be made because of the violation of the same. The Federal Constitutional Court, however, has consistently ruled that it denies their fundamental rights.