Hamburg Constitutional Court

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The Hamburg Constitutional Court is also located in the OLG building on Sievekingplatz.

The Hamburg Constitutional Court is the constitutional court of the Free and Hanseatic City of Hamburg , the highest court and one of the three constitutional organs of this country. The court is housed in the building of the Hanseatic Higher Regional Court in the Justice Forum Hamburg on Sievekingplatz.

Responsibilities

The responsibilities are essentially limited to the classic types of proceedings of a state court . There is no state constitutional complaint in Hamburg. The responsibilities arise from Article 65 of the Constitution of the Free and Hanseatic City of Hamburg and Section 14 of the law on the Hamburg Constitutional Court. The most important types of proceedings are the organ disputes in disputes between the constitutional bodies of the state, the abstract control of norms with regard to the compatibility of legal norms with the state constitution, the specific control of norms at the request of a court about the constitutionality of a law or an ordinance, the election review complaint in elections to the Hamburg Parliament and the district assemblies as well as decisions in disputes regarding the implementation of referendums and referendums within the framework of the Hamburg people's legislation .

Occupation of the Hamburg Constitutional Court

Birgit Voßkühler has been the President of the Hamburg Constitutional Court since 2020 , and in the main office she is Vice-President of the State Labor Court in Hamburg .

history

The Hamburg Constitutional Court was established in 1953 in accordance with the state constitution of June 6, 1952 and the law on the Hamburg Constitutional Court of October 2, 1953 and celebrated its 50th anniversary in October 2003, which at that time had processed almost 120 cases and the trend was rising. Another area of ​​responsibility arose with the introduction of national legislation in 1996.

A different forerunner with a restricted area of ​​responsibility was the Hamburg State Court of Justice (in accordance with the law of May 19, 1926), which under Article 49 of the Constitution (of January 7, 1921) had to decide on members of the Senate who knowingly or through gross negligence the constitution or violated a law. In 1927 it was the State Court of Justice for the German Reich in Leipzig whose decision led to new elections because the state election laws violated the Reich constitution.

Former President of the Hamburg Constitutional Court

Until 1984, “triple presidencies” were required by law in Hamburg. The President of the Hanseatic Higher Regional Court was also President of the Hamburg Higher Administrative Court and the Hamburg Constitutional Court. That only changed when Walter Stiebeler passed in November 1984. Now the Hamburg Higher Administrative Court and in 2007 the Hamburg Constitutional Court got their own president.

Gerd Harder was also presiding judge at the Hanseatic Higher Regional Court, Joachim Pradel presiding judge at the Hamburg Higher Administrative Court and Friedrich-Joachim Mehmel was at the same time President of the Hamburg Higher Administrative Court. Birgit Voßkühler is the first woman in the position, at the same time Vice President of the Hamburg Regional Labor Court and thus the first female president in the field of labor jurisdiction.

Prominent proceedings

As part of an election review process for the 1991 state election in Hamburg , the Hamburg Constitutional Court declared the election to be invalid on May 4, 1993 and, for the first time in the history of the Federal Republic of Germany, ordered a new election due to serious democratic deficits in the candidate nomination process of the Hamburg CDU (state election in Hamburg 1993 ).

On October 13, 2016, the Constitutional Court of Hamburg stopped the referendum “Save the referendum” in proceedings pursuant to Article 65, Paragraph 3, No. 5 of the Constitution of the Free and Hanseatic City of Hamburg .

Known judges

See category: Judges (Hamburg Constitutional Court)

Web links

Individual evidence

  1. ↑ The Hamburg Constitutional Court celebrates its 50th anniversary - Hamburg Judges Association
  2. ^ Hans Peter Ipsen: Hamburg under the Basic Law and constitutional text. In: Journal of the Association f. hamb. History , 41/1951
  3. ^ The Hamburg Constitutional Court - Hamburg Judges Association
  4. ↑ Jan Albers : The procedure of the Hamburg constitutional court , in Heinrich Ackermann, Jan Albers, Karl August Bettermann (ed.): From the Hamburg legal life. Walter Reimers on his 65th birthday , Berlin 1979, p. 349 books.google
  5. ^ WORLD: Birgit Vosskühler new President of the Constitutional Court . In: THE WORLD . January 29, 2020 ( welt.de [accessed February 1, 2020]).
  6. ^ Judgment of the Constitutional Court Hamburg (Az. HVerfG 2/16). (pdf) Justiz Hamburg, October 13, 2016, accessed on April 20, 2017 .

Coordinates: 53 ° 33 '24 "  N , 9 ° 58' 35"  E