Judicial protection of fundamental rights in Germany" - Individual constitutional complaint as a model

Abstract

An individual constitutional complaint in the German system is an unusual (backup) litigation instrument that is constitutionally available to everyone.

However, its submission to the Federal Constitutional Court is governed by a set of procedural conditions, including: the personal conditions relating to the plaintiff (the condition of the capacity and the condition of interest), including the substantive conditions relating to the subject of the complaint.

Proceeding from the fact that the individual constitutional complaint is dedicated solely to the protection of basic rights set forth in a lengthy list in the German constitution, and other rights similar (in value) to fundamental rights, it is directed exclusively to antagonizing the actions of the three traditional powers (legislative, executive, and judicial), which results in them. In violation of the fundamental rights of the complainant.

An individual constitutional complaint of this status does not replace the right to litigate before the specialized courts, but rather a precautionary method that is used after the exhaustion of regular litigation methods and ways to challenge judgments. With irrefutable evidence) that the legal effects of the action of the public authority complained of are void.