Lower Saxony State Court
The Lower Saxony State Court with its seat in Bückeburg is the state constitutional court of the state of Lower Saxony founded in 1951 . It decides on organ disputes between the Lower Saxony state government and the parliament of Lower Saxony , on reconciling of Lower Saxony state law with the Lower Saxony Constitution (NV) and municipal constitutional complaints from municipalities .
tasks
The tasks and organization of the State Court of Justice are laid down in the Lower Saxony constitution . Accordingly, the State Court consists of nine members and nine deputy members. They are elected by the state parliament for seven years. The State Court of Justice decides, for example, when interpreting the Lower Saxony constitution on the rights and obligations of a supreme state organ, in disputes about popular initiatives, referendums or referendums, and on constitutional complaints from municipalities. Further details can be found in the Lower Saxony law on the state court.
history
The court has its seat in Bückeburg with offices in the building of the local justice center, in which the regional court and the district court are also located. The decision for the seat of the court in Bückeburg was a concession to the city, which until 1946 had been the seat of government of the state of Schaumburg-Lippe , but had lost its political importance with the establishment of the state of Lower Saxony. Its name, the court was based on the former Oldenburg State Court of since 1946 belonging to Lower Saxony State Oldenburg .
According to the Provisional Lower Saxony Constitution of 1951, the State Court of Justice was originally primarily responsible for organ disputes and legal controls . The number of proceedings was therefore limited. It was not until 1993 that the state legislature opened up the possibility of local constitutional complaints through the reform of the Lower Saxony constitution, which is no longer called “provisional”: Only municipalities and associations of municipalities that see their right to local self-government impaired by state laws are allowed to take legal action . Citizens do not have the opportunity to lodge a constitutional complaint before the Lower Saxony State Court with the claim that they have violated a fundamental right guaranteed by the Lower Saxony constitution . All you have to do is go to the Federal Constitutional Court .
Members of the State Court
| Surname | function | Term of office |
| Thomas Smollich | President of the Lower Saxony Higher Administrative Court in Lüneburg ; since 2019 President of the State Court | 2019-2024 |
| Uta Rüping | Lawyer and specialist lawyer for administrative law in Hanover; since 2013 Vice President of the State Court | 2007-2021 |
| Peter-Wedekind Götz von Olenhusen | President of the Higher Regional Court of Celle | 2007-2021 |
| Eva Hausmann-Lucke | Presiding judge of the Lower Saxony Finance Court in Hanover | 2013-2020 |
| Hannelore Kaiser | President of the Hanover Administrative Court | 2013-2020 |
| Gabriele Beyer | President of the Social Court in Hanover | 2013-2020 |
| Christian Schrader | Professor for legal issues in technology development at the Fulda University of Applied Sciences | 2014-2021 |
| Hermann Butzer | Professor of public law, especially the law of state transfer systems | 2018-2025 |
President of the State Court
| Period | president |
|---|---|
| 1957-1960 | Bruno Heusinger |
| 1960-1968 | Friedrich Wilhelm Holland |
| 1968-1974 | Horst Uffhausen |
| 1974-1976 | Werner Gross |
| 1976-1988 | Wolfgang Dörffler |
| 1988-1992 | Eberhard Stalljohann |
| 1992-2007 | Manfred-Carl Schinkel |
| 2007-2013 | Jörn Ipsen |
| 2013-2019 | Herwig van Nieuwland |
| 2019– | Thomas Smollich |
See also
literature
- Hilda Widenmeier, Waltraud Wittkugel, Ernst Winkelhake: The third power in the country: The Lower Saxony State Court. A documentation. 1st edition. Stadthagen 2001 ( archive.org [PDF; 8.7 MB ]).
- Manfred-Carl Schinkel : The Lower Saxony State Court - Origin and Development. In: Niedersächsische Verwaltungsblätter (NdsVbl.) - special issue, edition of July 15, 2005, 12th year, pp. 23-26.
Individual evidence
- ^ Provisional Lower Saxony Constitution (VNV) from 1951
- ^ Lower Saxony Constitution (NV) from 1993
- ↑ Current members | Lower Saxony State Court. Retrieved on July 10, 2018 (German).
Web links
- Internet presence of the Lower Saxony State Court. Retrieved March 9, 2019 .
- Overview of the case law of the Lower Saxony State Court. Retrieved March 9, 2019 .
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Coordinates: 52 ° 15 ′ 28 ″ N , 9 ° 2 ′ 59 ″ E