Federal Constitutional Court of Germany - Organization

Organization

The Court consists of two Senates, each of which has eight members, headed by a senate’s chairman. The members of each Senate are allocated to three Chambers for hearings in Constitutional Complaint and Single Regulation Control cases. Each Chamber consists of three judges, so each Senate chairman is at the same time a member of two Chambers.

Decisions by a Senate require an absolute majority. In some cases a two-thirds majority is required (§ 15 IV 1 BVerfGG). Decisions by a Chamber need to be unanimous. A Chamber is not authorized to overrule a standing precedent of the Senate to which it belongs; such issues need to be submitted to the Senate as a whole. Similarly, a Senate may not overrule a standing precedent of the other Senate, and such issues will be submitted to a plenary meeting of all 16 judges (the "Plenum").

Unlike all other German courts, the court often publishes the vote count on its decisions (though only the final tally, not every judge's personal vote) and even allows its members to issue a dissenting opinion. This possibility, introduced only in 1971, is a remarkable deviation from German judicial tradition.

One of the two Senate Chairmen is also the President of the Court, the other one being the Vice-President. The presidency alternates between the two Senates, i.e. the successor of a President is always chosen from the other Senate. The current president of the Court is Andreas Voßkuhle.

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