Legal exhaustion

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The exhaustion of legal action or legal action is a procedural requirement for certain legal remedies . The legal process is exhausted when all against a professional judicial decision is not manifestly illegal remedies have been taken and no possibilities to remedy the complaint with the help of specialized courts.

Constitutional Complaint (Germany)

According to section 90 (2) sentence 1 BVerfGG, exhaustion of the legal process is a prerequisite for the admissibility of a constitutional complaint to the Federal Constitutional Court . The complainant must pay particular attention to the principle of subsidiarity . This means that a complainant must first proceed against the disputed measure before the specialized courts and obtain a final decision before he can turn to the Federal Constitutional Court. The complainant must regularly this action raise and appeal or complaint and revision or leave to appeal lodge.

Before the failure to be heard ( Article 103, Paragraph 1 of the Basic Law) can be alleged with a constitutional complaint, the complaint must be submitted to the specialized court. Failure to submit a permissible complaint to be heard can also lead to the inadmissibility of a constitutional complaint before a state constitutional court if the other fundamental rights complaints do not go beyond the complaint of violation of the right to be heard.

Exceptions are possible according to § 90 Abs. 2 Satz 2 BVerfGG if the constitutional complaint "is of general importance" or the exhaustion of legal recourse would not be reasonable for the complainant because the complainant would suffer a serious and inevitable disadvantage if he were to take legal action first would be referred. The latter is the case, for example, when the complainant objects to a criminal law norm. Otherwise one would have to expect him to first commit a criminal offense in order to then have the constitutional issue clarified.

European Court of Human Rights

An individual complaint to the European Court of Human Rights (ECHR) is based on Art. 35 ECHR presupposes the exhaustion of all domestic remedies.

Individual evidence

  1. On the principle of exhaustion of legal recourse against court orders by the Regional Court in criminal matters, press release of the Federal Constitutional Court No. 24/2015 of April 29, 2015
  2. Ulrich Stelkens : Subject of the constitutional complaint in several decisions in the same matter DVBl. 2004, pp. 403-410
  3. BVerfG, decision of July 16, 2013 - 1 BvR 3057/11
  4. Decision of the Bavarian Constitutional Court of May 30, 2012 - Vf. 45-VI-11 ( Memento of the original of August 8, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot /