Constitutional Court for the State of Baden-Württemberg

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Urbanstrasse entrance

The constitutional court for the state of Baden-Württemberg decides as a constitutional court on the interpretation of the constitution of the state of Baden-Württemberg . It is based in Stuttgart at the headquarters of the Stuttgart Higher Regional Court . This is where the office is located and the negotiations are carried out on the premises of the court. The legal basis is the law on the Constitutional Court (VerfGHG) and the rules of procedure of the Constitutional Court. Proceedings of the Constitutional Court bear the register mark GR with the exception of constitutional complaints which are given the register mark VB (Section 4 (1) of the Rules of Procedure).

history

Today's Constitutional Court for the State of Baden-Württemberg was established by Section 17 (1) of the Act on the Provisional Exercise of State Power in the Southwest German State of May 15, 1952 as the Provisional State Court for the newly created State of Baden-Württemberg at the seat of the provisional state government in Stuttgart. He took over the responsibilities of the Baden State Court and Baden High State Court in Freiburg im Breisgau in the former Baden , the State Court for the State of Württemberg-Hohenzollern in Tübingen and the State Court for the State of Württemberg-Baden in Stuttgart. His procedure was based on the procedural provisions for the Württemberg-Baden State Court, in whose premises at the Stuttgart Higher Regional Court he moved.

When the new state constitution came into force on November 19, 1953, it was named State Court for the State of Baden-Württemberg .

In the south-west German state tradition, the court was initially limited to internal state disputes between organs, in the electoral review procedure and in judicial review matters in constitutional jurisdiction. The state constitutional law did not recognize an individual fundamental rights complaint ( constitutional complaint ); such an action was only possible at the Federal Constitutional Court on the basis of the Basic Law. Against this background, unlike in other countries, the designation State Court was chosen instead of a constitutional court (Hofs).

On April 1, 2013, the constitution-amending state parliament introduced the state constitutional complaint as a new type of procedure at the state court. Since then, not only state organs and courts can turn to the Court of Justice in questions of the interpretation of the state constitution, but also citizens if they believe that their basic rights have been violated by the state's institutions.

To take account of the changed role of the Court as to full constitutional jurisdiction, the state constitution donors to attempt the judge changed the name of the Court on December 4, 2015 by Act of 1 December 2015 the Constitutional Court .

Area of ​​responsibility

The tasks of the Constitutional Court are:

  • Organ dispute proceedings on the interpretation of the state constitution: Interpretation of rights and obligations of the highest state organs (government and state parliament) or of organs that have their own jurisdiction either through the state constitution or the rules of procedure of the state parliament (Art. 68 Para. 1 Sentence 2 No. 1 state constitution)
  • Abstract norm control procedure : compatibility of state law with the state constitution (Art. 68 Paragraph 1 Sentence 2 No. 2 State Constitution)
  • Concrete norm control procedure: Examination of the compatibility of a state law that is relevant to the decision for its compatibility with the state constitution (Art. 68 Para. 1 S. 2 No. 3 State Constitution)
  • Preventive norm control procedure: Examination of the admissibility of a proposed amendment to the state constitution at the request of the government or a quarter of the members of the state parliament (Art. 68 Paragraph 1 Clause 2 No. 4 in conjunction with 64 Paragraph 1 Clause 3 State Constitution)
  • Municipal norms control procedure: Examination of state law at the request of municipalities or municipal associations to determine whether it violates the right to self-administration, municipal independence or sufficient financial resources (Art. 68 Para. 1 Sentence 2 No. 4 in conjunction with Art. 76 state constitution)
  • Complaint: Examination at the request of the state parliament whether a member has abused his position out of profit-seeking (Art. 42 State Constitution)
  • Ministerial charge: Examination at the request of the Landtag whether a member of the government has intentionally or grossly negligently broken the constitution or a law (Art. 57 Land constitution)
  • Appeals against electoral examination decisions of the Landtag (Art. 31 Para. 2 Land Constitution in conjunction with Section 14 LWPrG)
  • Contesting referendums as well as decisions on the admission and formation of referendums (Sections 21, 27, Paragraphs 3 and 38 of the Referendum Act)
  • Since April 1, 2013, the court has also been responsible for constitutional complaints from citizens regarding the state constitution. These had to be brought before the Federal Constitutional Court immediately .

Members

The Constitutional Court has nine honorary members. The members are elected by the state parliament with a simple majority for nine years. Re-election is possible (Section 3 Paragraph 1 Sentence 3 VerfGHG).

Three of the members are professional judges who exercise the office of judge at the Constitutional Court on a part-time basis. This group also includes the President (until July 2027 Malte Graßhof ) and permanent representative of the President (until July 2024 Franz-Christian Mattes ). Three other members must be qualified to hold the office of judges, and three other members are not qualified to hold the office of judge (Art. 68, Paragraph 3 of the State Constitution).

Each member has a permanent representative. If he is unable to attend, the President is represented by his permanent representative. The substitute member of the president then attends the hearing as a simple member from the group of professional judges.

group Surname Representative Elected until
Professional judge Malte Graßhof (President) Friedrich Unkel July 2027
Franz-Christian Mattes (Permanent Representative of the President) Heinz Wöstmann July 2024
Jürgen Gneiting Ulrich Hebenstreit July 2021
with qualification for judicial office Sintje Lessner Ulrich Lusche July 2027
Christian Seiler Bettina Backes July 2021
Alexandra Fridrich Birgitt Bender July 2024
without qualification for judicial office Sabine Reger Adelheid Kiesinger July 2027
Nathalie Behnke Christian Rath July 2021
Wolfgang Hunter Rupert Metzler July 2024

Court costs

The proceedings before the court are free of court costs (Section 55 VerfGHG). However, if legal action is deliberately pursued, a fee may be charged. In the case of charges against ministers or members of parliament, the defendant will be reimbursed for expenses if an acquittal is made.

See also

Web links

Commons : State Court for the State of Baden-Württemberg  - Collection of images, videos and audio files

Individual evidence

  1. ↑ verfassungen.de
  2. ↑ Pure reputation: Basic rights in Baden-Württemberg. Last hope state court . In: Stuttgarter Zeitung . Stuttgart March 26, 2013 ( stuttgarter-zeitung.de [accessed April 21, 2013]).
  3. ↑ Law amending the constitution of the state of Baden-Württemberg and the law on the state court and other laws of December 1, 2015, Law Gazette for Baden-Württemberg p. 1030
  4. ^ Members . ( baden-wuerttemberg.de [accessed on July 5, 2017]).
  5. ↑ a b members. Constitutional Court for the State of Baden-Württemberg, accessed on January 18, 2020 .
  6. ↑ stgh.baden-wuerttemberg.de ( Memento of the original from September 5, 2015 in the Internet Archive ) Info: The archive link was 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 / stgh.baden-wuerttemberg.de

Coordinates: 48 ° 46 ′ 37.1 ″  N , 9 ° 11 ′ 14.4 ″  E