4b. on constitutional complaints filed by municipalities or associations of
municipalities on the ground that their right to self-government under
Article 28 has been infringed by a law; in the case of infringement by a Land
law, however, only if the law cannot be challenged in the constitutional
court of the Land;
•
Federal review of subnational legislation
•
Constitutionality of legislation
4c. on constitutional complaints filed by associations concerning their
non-recognition as political parties for an election to the Bundestag;
5. in the other instances provided for in this Basic Law.
2. At the request of the Bundesrat, a Land government or the parliamentary
assembly of a Land, the Federal Constitutional Court shall also rule whether in
cases falling under paragraph (4) of Article 72 the need for a regulation by
federal law does not exist any longer or whether in the cases referred to in
clause 1 of paragraph (2) of Article 125a federal law could not be enacted any
longer. The Court's determination that the need has ceased to exist or that
federal law could no longer be enacted substitutes a federal law according to
paragraph (4) of Article 72 or clause 2 of paragraph (2) of Article 125a. A request
under the first sentence is admissible only if a bill falling under paragraph (4) of
Article 72 or the second sentence of paragraph (2) of Article 125a has been
rejected by the German Bundestag or if it has not been considered and
determined upon within one year, or if a similar bill has been rejected by the
Bundesrat.
3. The Federal Constitutional Court shall also rule on such other matters as shall
be assigned to it by a federal law.
Article 94: [Composition of the Federal Constitutional Court] •
Establishment of administrative courts
•
Establishment of constitutional court
•
Establishment of military courts
•
Establishment of labor courts
1. The Federal Constitutional Court shall consist of federal judges and other
members. Half the members of the Federal Constitutional Court shall be elected
by the Bundestag and half by the Bundesrat. They may not be members of the
Bundestag, of the Bundesrat, of the Federal Government, or of any of the
corresponding bodies of a Land.
•
Eligibility for const court judges
•
Constitutional court selection
2. The organisation and procedure of the Federal Constitutional Court shall be
regulated by a federal law, which shall specify in which instances its decisions
shall have the force of law. The law may require that all other legal remedies be
exhausted before a constitutional complaint may be fi led, and may provide for a
separate proceeding to determine whether the complaint will be accepted for
decision.