Article 98: [Legal status of judges - Impeachment] 1. The legal status of federal judges shall be regulated by a special federal law.
2. If a federal judge infringes the principles of this Basic Law or the constitutional
order of a Land in his official capacity or unofficially, the Federal Constitutional
Court, upon application of the Bundestag, may by a two-thirds majority order
that the judge be transferred or retired. In the case of an intentional
infringement it may order him dismissed.
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Constitutional court powers
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Supreme/ordinary court judge removal
3. The legal status of the judges in the Länder shall be regulated by special Land
laws if clause 27 of paragraph (1) of Article 74 does not otherwise provide.
4. The Länder may provide that Land judges shall be chosen jointly by the Land
Minister of Justice and a committee for the selection of judges.
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Ordinary court selection
5. The Länder may enact provisions regarding Land judges that correspond with
those of paragraph (2) of this Article. Existing Land constitutional law shall not
be affected. The decision in cases of judicial impeachment shall rest with the
Federal Constitutional Court.
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Constitutional court powers
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Supreme/ordinary court judge removal
Article 99: [Constitutional disputes within a Land] A Land law may assign the decision of constitutional disputes within a Land to the
Federal Constitutional Court, and the final decision in matters involving the
application of Land law to the supreme courts specified in paragraph (1) of Article 95.
Article 100: [Concrete judicial review] •
Constitutional interpretation
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Constitutionality of legislation
1. If a court concludes that a law on whose validity its decision depends is
unconstitutional, the proceedings shall be stayed, and a decision shall be
obtained from the Land court with jurisdiction over constitutional disputes
where the constitution of a Land is held to be violated, or from the Federal
Constitutional Court where this Basic Law is held to be violated. This provision
shall also apply where the Basic Law is held to be violated by Land law and where
a Land law is held to be incompatible with a federal law.
2. If, in the course of litigation, doubt exists whether a rule of international law is
an integral part of federal law and whether it directly creates rights and duties
for the individual (Article 25), the court shall obtain a decision from the Federal
Constitutional Court.
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International law
3. If the constitutional court of a Land, in interpreting this Basic Law, proposes to
deviate from a decision of the Federal Constitutional Court or of the
constitutional court of another Land, it shall obtain a decision from the Federal
Constitutional Court.
