The German Basic Law (Grundgesetz) and also many constitutions of the German Länder provide the widely recognised constitutional complaint as an extraordinary legal remedy. Individuals, companies and (other) legal entities may have the unconstitutionality of any act of German public authorities verified which they are adversely affected by – whether this is a law, administrative act or a court order –at the Federal Constitutional Court or regional state constitutional court.
Constitutional court proceedings can often prove difficult. Even formal requirements regarding the processing of a non-constitutional court proceeding and statement of the violation of fundamental rights that has occurred are demanding. In this respect the Constitutional Courts (Federal and Länder level) do not verify if the preceding decisions of non-constitutional courts are legal, but only if they violate a specific constitutional law.
We lodge constitutional complaints providing that we see a real possibility of being able to complete the proceedings successfully for you. We therefore regularly carry out an extensive preliminary examination of the case.
Patrick Merkle will represent your legal interests not only in the contexts of constitutional complaints but also in other Constitutional Court proceedings (eg. disagreements between supreme federal organs, abstract judicial reviews of statutes, or further specially regulated preliminary ruling proceedings, for instance regarding the approval of a referendum). Each case also involves cooperation with distinguished university professors.