Jonah Patel
The German Federal Constitutional Court is the country's highest court, with the power to declare statutes unconstitutional under the Basic Law. Its judges are elected by the Bundestag and the Bundesrat, with each body selecting four members of each senate. To be elected, a judge must secure a two-thirds majority of votes cast. Judges serve a single, non-renewable 12-year term and can be impeached for infringing the principles of the Basic Law or the constitutional order of a state. If the court finds the violation to be intentional, it may remove the judge from office.
| Characteristics | Values |
|---|---|
| Removal from office | A majority of the Bundestag may impeach a federal judge for "infringing the principles of the Basic Law or the constitutional order of a state". The Constitutional Court hears the complaint, and may order the judge's transfer, retirement, or removal from office. |
| Retirement | Judges serve a single, non-renewable 12-year term, though their service may not extend past the retirement age of 68. |
| Oath | Judges swear to "exercise judicial office in conformity with the Basic Law of the Federal Republic of Germany and with the law, to adjudicate to the best of my knowledge and belief, without distinction of person, and to serve the cause of truth and justice alone". This oath may be taken without the words "so help me God". |
| Election | Judges are elected by the Bundestag (German parliament) and the Bundesrat (a legislative body representing the sixteen state governments). Each body selects four members of each senate, requiring a two-thirds vote. |
| Selection criteria | Three positions in each senate are reserved for judges who have previously served on a German supreme federal court for at least three years. |
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What You'll Learn
- A judge can be impeached by a Bundestag majority for violating the Basic Law
- The Constitutional Court hears the complaint and decides on the judge's removal
- A judge may be removed for infringing on the constitutional order of a state
- A two-thirds majority is required to elect a judge, preventing party influence
- Judges are elected by the Bundestag and Bundesrat, or a special committee
A judge can be impeached by a Bundestag majority for violating the Basic Law
A German Federal Constitutional Court judge can be impeached by a Bundestag majority for violating the Basic Law. The Basic Law, or Grundgesetz in German, is the country's constitution, which lays out the election process for Federal Constitutional Court judges. The Federal Constitutional Court is Germany's highest court, and it is the only court that can declare statutes unconstitutional under the Basic Law. The court has two separate panels, or senates, of eight judges each.
The judges of the Federal Constitutional Court are chosen by a combination of the Bundestag (the German parliament) and the Bundesrat (a legislative body representing the sixteen state governments). Each of these bodies selects four members of each senate, requiring a two-thirds vote for election. The Bundestag itself elects judges to the court by secret ballot in the plenum, and candidates must receive a two-thirds majority of those present, as well as an absolute majority of the total membership of the Bundestag.
The Federal Constitutional Court is a trial court with first and final competence, and its decisions are binding on state and federal legislatures and all other courts. It exercises abstract judicial review, allowing the federal or state government or one-third of the Bundestag members to petition the court on the constitutionality of a statute before it takes effect. The court also decides on the constitutionality of political parties and can order their dissolution if they conflict with the democratic order.
While the Federal Constitutional Court is generally well-respected, the process of selecting judges has faced criticism. The current president of the court, Andreas Voßkuhle, has described the method as "unconstitutional," and Norbert Lammert, a lawyer and former president of the Bundestag, has criticised the low bar for legitimacy in gaining a seat on the court. The selection process has been challenged in lawsuits, and some have called for reforms to increase transparency and objectivity.
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The Constitutional Court hears the complaint and decides on the judge's removal
The German Federal Constitutional Court is the highest court in the country. It is unique in that it is empowered to review the constitutionality of governmental action and is the only court that may declare statutes unconstitutional under the Basic Law. The court's judges are elected by the Bundestag (the German parliament) and the Bundesrat (a legislative body representing the sixteen state governments). Each of these bodies selects four members of each senate, requiring a two-thirds vote.
The Federal Constitutional Court is not an appeals court but a trial court with the authority to hear complaints and make binding decisions for state and federal legislatures and all other courts. Any individual claiming an infringement of their basic rights may bring a constitutional complaint before the court. The court also serves as an impeachment court for judges and the president.
A majority of the Bundestag may impeach any federal judge for "infringing the principles of the Basic Law or the constitutional order of a state". When this occurs, the Constitutional Court hears the complaint and decides on the appropriate action. The court may order the judge's transfer or retirement, and if the violation is deemed intentional, the court may remove the judge from office.
The judges of the Constitutional Court are meant to be independent and unbiased, and they are expected to conduct themselves in a manner that maintains confidence in their independence. They serve a single, non-renewable 12-year term, and their selection is based on merit, with most judges having served as academic jurists, public servants, or lawyers.
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A judge may be removed for infringing on the constitutional order of a state
The German Federal Constitutional Court is the highest court in Germany, with the power to declare statutes unconstitutional under the Basic Law. It is also a trial court, with first and final competence, and its decisions are binding on state and federal legislatures and all other courts.
A German Federal Constitutional Court judge may be removed for infringing on the constitutional order of a state. A majority of the Bundestag may impeach any federal judge for "infringing the principles of the Basic Law or the constitutional order of a state". The Constitutional Court hears the complaint and may order the judge's transfer or retirement. If the court finds that the violation was intentional, it may also remove the judge from office.
The judges of the Federal Constitutional Court are elected by the Bundestag (the German parliament) and the Bundesrat (a legislative body representing the sixteen state governments at the federal level). Each body selects four members of each senate, requiring a two-thirds vote. The selection of the chairperson of each senate alternates between the Bundestag and the Bundesrat, also requiring a two-thirds vote. The judges are chosen by a closed-door panel of 12 parliamentarians, a method that has been criticised as lacking legitimacy and transparency.
The Federal Constitutional Court is unique in that it often publishes the final tally of its decisions, and even allows its members to issue dissenting opinions. The court's judges serve a single, non-renewable 12-year term, and their workload is heavy, with approximately 5,000 cases annually.
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A two-thirds majority is required to elect a judge, preventing party influence
The German Federal Constitutional Court is the country's highest court, with the power to declare statutes unconstitutional under the Basic Law. It is also a trial court with first and final competence, and its decisions are binding on state and federal legislatures and all other courts.
The election of a judge to the Federal Constitutional Court requires a two-thirds majority, with half the members elected by the Bundestag (the German parliament) and the other half by the Bundesrat (a legislative body representing the sixteen state governments). This procedure was changed in 2015, with the Bundestag itself now electing judges by secret ballot in the plenum. The Richterwahlausschuss (Judges' Election Committee) retains the power to nominate candidates.
The two-thirds majority rule has generally prevented any party or coalition from determining the court's composition. This is in contrast to the other top five federal courts in Germany, where the largest parties have the most say in judicial appointments. The Federal Constitutional Court's judges are selected independently, and the Bundestag's smaller parties play a minimal role.
The Federal Constitutional Court's workload is heavy, with around 5,000 cases annually, and it is empowered to hear complaints from individuals claiming an infringement of their basic rights. The court also has the power to ban political parties that threaten the existence of Germany or seek to undermine the free democratic basic order.
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Judges are elected by the Bundestag and Bundesrat, or a special committee
The Federal Constitutional Court is Germany's highest court. It is unique in that it is the only court that can declare statutes unconstitutional under the Basic Law. The court's judges are elected by the Bundestag (the German parliament) and the Bundesrat (a legislative body that represents the sixteen state governments at the federal level). Each of these bodies selects four members of each senate. The election of a judge requires a two-thirds majority of votes cast, with the selection of the chairperson of each senate alternating between the Bundestag and the Bundesrat.
Until 2015, the Bundestag delegated the task of electing judges to a special committee (Richterwahlausschuss, or judges' election committee). This committee consisted of a small number of Bundestag members. This procedure was considered unconstitutional by many scholars. In 2015, the Federal Constitutional Court Act was changed, and it is now the Bundestag itself that elects judges to the court by secret ballot in the plenum. The Richterwahlausschuss retains the power to nominate candidates.
The judges who are chosen by the Bundesrat are also elected by a two-thirds majority. The Bundesrat does not form an electoral committee. Once a justice is elected, they are appointed by the Federal President for a term of twelve years. After their appointment, outside employment is not allowed, except for teaching as a law professor.
The decisions of the Judges Election Committee have been challenged only a handful of times. However, three out of six challenges took place in 2014. A lawsuit challenging the selection of a new president of the German Federal Social Court was decided in favour of the plaintiff by the Federal Constitutional Court in 2015.
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Frequently asked questions
German Federal Constitutional Court judges serve a single, non-renewable 12-year term. However, their service may not extend past the retirement age of 68.
A majority of the Bundestag may impeach any federal judge for "infringing the principles of the Basic Law or the constitutional order of a state". The Constitutional Court hears the complaint, and may order the judge's transfer or retirement. If the court finds the violation is intentional, it may also remove the judge from office.
The German Federal Constitutional Court judges are elected by the Bundestag (the German parliament) and the Bundesrat (a legislative body that represents the sixteen state governments on the federal level). Each of these bodies selects four members of each senate. The election of a judge requires a two-thirds majority.
