exercises due: 19.03.2021 (so you have TWO weeks). I recommend that you do the exercises as quickly as possible though. Or you might forget doing them....

 

Also: Use the time to think about your second comment!


Instructions:

  1. Evaluate (three to four sentences per type) the types of proceedings of the Bundesverfassungsgerichts according to their effects regarding ...
  • the power of the Bundesverfassungsgericht compared to the Bundestag
  • the legitimacy of the Bundesverfassungsgericht compared to the Bundestag

 

Types of proceedings

 

The Federal Constitutional Court acts only upon application. The Basic Law and the Federal Constitutional Court Act provide for various modes of recourse to the Court.

 

Constitutional complaints

 

Any person may lodge a constitutional complaint claiming that their fundamental rights have been violated by an act of German public authority.

 

Organstreit proceedings

 

The highest federal organs and equivalent organs can bring proceedings to resolve disputes concerning their rights and obligations arising from the Constitution.

 

Disputes between the Federation and the Länder

 

The Federation and the Länder may defend their competences in the federal system of government before the Federal Constitutional Court.

 

Abstract judicial review of statutes

 

The Federal Government, a Land government or one quarter of the members of the Bundestag may submit a statute for constitutional review.

 

Specific judicial review of statutes

 

Ordinary courts cannot declare a law unconstitutional themselves; they must refer such proceedings to the Federal Constitutional Court.

 

Proceedings for the prohibition of political parties

 

Only the Federal Constitutional Court may prohibit anti-constitutional parties upon application by the Bundestag, the Bundesrat or the Federal Government.

 

Electoral complaints

 

With regard to elections of the Bundestag and the European Parliament, the Federal Constitutional Court examines, upon request, whether electoral law has been observed..With regard to elections of the Bundestag and the European Parliament, the Federal Constitutional Court examines, upon request, whether electoral law has been observed.

 

(Quele: https://www.bundesverfassungsgericht.de/EN/Verfahren/Wichtige-Verfahrensarten/wichtige-verfahrensarten_node.html)