What freedoms are there?
Important freedom rights are then: General freedom of action, Art. Right to life and physical integrity (Art. Freedom of conscience, Art. Freedom of religion, Art. Freedom of expression, freedom of information, freedom of the press, freedom of broadcasting and film, Art. Further entries…
What are personal liberties?
Article 2 Personal liberties (1) Everyone has the right to free development of their personality, as long as they do not violate the rights of others and do not violate the constitutional order or the moral code. (2) Everyone has the right to life and physical integrity.
When is a fundamental rights violation?
Such an examination must be carried out, for example, in order to be able to assess the merits of a constitutional complaint before the Federal Constitutional Court: A violation of fundamental rights exists if the protective area of a fundamental right has been encroached upon without this encroachment being constitutionally (by…
What is a violation of fundamental rights?
One speaks of a violation of fundamental rights when there is an unjustified encroachment on the protective area of a fundamental right. The existence of a violation of fundamental rights is determined dogmatically by means of various test steps.
When is the constitutional complaint justified?
Justification (structure of the examination of a fundamental right to freedom) The constitutional complaint would also have to be justified. The constitutional complaint is justified if the BF’s fundamental rights have been violated by the judgment of the last instance.
When is an immediate constitutional complaint possible?
The constitutional complaint against decisions of the courts and authorities is only admissible within one month. In principle, the constitutional complaint is only admissible if the full legal process has been taken beforehand (the so-called exhaustion of legal processes).
When is the legal process exhausted?
Legal recourse has been exhausted if all legal remedies against a decision by a specialist court that are not obviously inadmissible have been taken and there are no longer any opportunities to remedy the complaint with the help of the specialist courts.
When will the Federal Constitutional Court become active?
The highest German court is the Federal Constitutional Court, because it can revoke actions at all administrative levels or determine action in the event of omissions….Federal Constitutional Court. — Federal Constitutional Court — State level Federal Foundation28. September 1951HeadquartersKarlsruhe4
Is the constitutional complaint successful?
The constitutional complaint is successful if it is admissible and justified. The competence of the BVerfG for the constitutional complaint results from Art. 93 I No. 4a GG, §§ 13 No.
How will the BVerfG decide?
The BVerfG decides in favor of the G if his constitutional complaint is admissible and justified. According to Art. 93 para.
Who can file a judicial review action?
Constitutional review of norms In the abstract review of norms before the Federal Constitutional Court (BVerfG), the federal government can submit a cabinet decision, a state government or a quarter of the members of the Bundestag to the Federal Constitutional Court in accordance with Art. 93 (6) BVerfGG.
What does the Federal Constitutional Court mean is not a super-revision body?
The BVerfG is not a court of appeal and therefore not a super-revision body. Therefore, in the context of constitutional complaints, it does not examine compliance with the procedure or the correct interpretation or application of the ordinary law in individual cases by the regular court.
What is a Super Revision Instance?
A super-revision instance refers to a court that can overturn the decisions of a court of appeal, which is the final instance in legal proceedings.
How do you check a fundamental right?
A constitutional complaint or a norm control is traditionally examined in a fundamental rights retreat. Experience has shown that the basic rights Art. 12 GG freedom of occupation4, Art. 8 GG freedom of assembly5, Art.
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