Schleswig-Holstein State Constitutional Court

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Courthouse

The Schleswig-Holstein State Constitutional Court is the state constitutional jurisdiction of the State of Schleswig-Holstein established on May 1st, 2008 . It is based in Schleswig .

Background and constitutional basis

Schleswig-Holstein was the only German state that did not have its own constitutional jurisdiction until 2008 . Instead, disputes under state constitutional law were to be referred to the Federal Constitutional Court in accordance with Article 51 of the State Constitution in conjunction with Article 99 of the Basic Law .

After the constitutional reform of 1990 continued to dispense with a separate state constitutional court, the discussion about it came up again and again. In November 2004, for example, the Schleswig-Holstein state parliament discussed the establishment of a state constitutional court. Reasons for this consideration are e.g. For example, even decisions about the permissibility of popular initiatives are only made years after they have been voted in the state parliament, often in the next electoral term . The state constitution was changed with effect from October 27, 2006; Article 44, Paragraph 1 now provides for a state constitutional court. This requirement was implemented with the passage of a state constitutional court law.

Responsibilities

The tasks of the state constitutional court are regulated in Art. 51 of the state constitution. According to this, the State Constitutional Court is responsible for organ disputes , judicial review procedures , municipal constitutional complaints and complaints against election review decisions . There are still no state constitutional complaints by individuals; although the basic rights of the Basic Law have been incorporated into the state constitution across the board (Art. 2a).

Choice and composition

The seven members of the state constitutional court work part-time. They must be qualified to hold the office of judge and are elected by the state parliament with a two-thirds majority for six years each (four members for the first election according to Art. 68 for nine years). For every month in which they participate in at least one meeting or decision-making consultation, the members of the State Constitutional Court receive an expense allowance rounded up to a full ten euros in the amount of one fifteenth of the monthly base salary of grade R 9.

Current members of the Constitutional Court are:

Seat question

Lübeck had applied for the seat of the court, citing its centuries-old tradition as a renowned supraregional court location of the Oberhof Lübeck and the subsequent Higher Appeal Court of the four Free Cities . However, after a cost-benefit analysis, the Schleswig-Holstein Justice Center Schleswig , where the Higher Regional Court , the Schleswig-Holstein Administrative Court , the Higher Administrative Court and the Regional Social Court are already located.

Individual evidence

  1. ↑ Plenary minutes of the Schleswig-Holstein state parliament of December 12, 2007 (PDF; 476 kB)
  2. ↑ Resolution recommendation of the Home Affairs and Legal Committee of December 5, 2007, LT-Drucks. 16/1746 (PDF; 114 kB)
  3. ^ Opinion of the Scientific Service of the State Parliament of November 20, 2007 on the jurisdiction of the State Constitutional Court (PDF; 80 kB)
  4. ^ Draft of a law amending the constitution of Schleswig-Holstein from January 16, 2008, LT-Drucks. 16/1817 (PDF; 31 kB)
  5. ^ Members of the Schleswig-Holstein State Constitutional Court. In: Schleswig-Holstein. Retrieved April 19, 2019 .
  6. ^ Lübeck wants a constitutional court. In: http://stadtzeitung.luebeck.de . January 30, 2007, accessed May 13, 2018 .
  7. ↑ Benefit analysis by the Ministry of Justice of March 29, 2007 (PDF; 1.2 MB)

See also

literature

  • Friedrich, Thomas: Von Vikings, Official Liability and Constitutional Courts , in: NVwZ 1998, 1273.
  • Friedrich, Thomas: A state constitutional court for Schleswig-Holstein? in: SchlHA 1997, 198.

Web links