Presidential Council (Federal Constitutional Court)

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A presidential council administered the day-to-day business of a senate at the Federal Constitutional Court .

Its tasks were described in Section 12 of the Rules of Procedure of the Federal Constitutional Court (GO BVerfG). After that , he particularly supported the chairman of the Senate in handling the Senate business. In matters relating to the Senate, he was bound exclusively by the instructions of the chairman.

The most important part of his activity was related to the management of the general register ( §§ 60 ff. GO BVerfG). He dealt with obviously inadmissible constitutional complaints and similar submissions largely independently by pointing out the deficiencies in admissibility to the sender and explaining the legal situation. The judges of the Federal Constitutional Court only acted in such a case if the citizen explicitly requests a judicial decision.

In addition, the Presidential Council took care of the publication of decisions in the Federal Law Gazette ( Section 29 GO BVerfG, Sections 14 and 31 BVerfGG ).

The presidential council had to be qualified to serve as judges . The director at the Federal Constitutional Court was also Presidential Councilor of the First Senate.

Since 2011, the position of the Presidential Council has only existed nominally, but has in fact been largely abolished. Since then, essential tasks have been carried out by the scientific staff of the Senate Chairmen.

Individual evidence

  1. Hüthig, Jehle, Rehm: Constitutional procedural law: a teaching and manual . 2012. p. 77 [1]