The most important facts at a glance
- The constitutional complaint is an extraordinary legal remedy for violations of fundamental rights by state decisions.
- Strict formal requirements and short deadlines absolutely necessitate legal expertise.
- The prospects of success should be carefully considered before filing the complaint.
When all other legal avenues are exhausted
The constitutional complaint represents the last glimmer of hope for many affected individuals when they believe their fundamental rights have been violated by government actions or court decisions. As experienced criminal defense lawyers and Constitutional complaint lawyer We know: The path to the Federal Constitutional Court is arduous and formally demanding. However, with the right legal support, a constitutional complaint can be the decisive step in enforcing your rights.
When can a constitutional complaint be considered?
A constitutional complaint is an extraordinary legal remedy that is only considered when all other legal options have been completely exhausted. In the area of criminal law, this can affect various situations. It often concerns criminal judgments where a violation of fundamental rights has occurred. This can be the case both when substantive fundamental rights have been violated and when procedural fundamental rights have been violated.
Even with questionable searches or seizures, a constitutional complaint may be the right path. Particularly in criminal proceedings, infringements on fundamental rights are especially sensitive and must withstand strict constitutional review.
Cases where the right to be heard in criminal proceedings has been violated also occur repeatedly—for example, when important applications for evidence were rejected without sufficient justification or when the defense did not have the opportunity to present all relevant arguments for a judicial decision.
Another common use case is complaints against pre-trial detention that violates fundamental rights. This often concerns the question of whether the grounds for detention were sufficiently set out and whether proportionality was maintained.
The crucial prerequisites
The constitutional complaint is subject to strict formal requirements that must be observed without fail. First, all legal remedies must be exhausted. This means that all available legal remedies in the specialized courts must be exhausted before the Federal Constitutional Court can be appealed to.
Another key requirement is compliance with the one-month deadline after the last decision has been served. This deadline is an absolute forfeiture period that cannot be extended. Within this period, the constitutional complaint must not only be filed but also substantiated in detail.
The reasoning must contain a substantiated presentation of the fundamental rights violation. It is not sufficient to make a blanket appeal to a violation of fundamental rights. Rather, it must be shown in detail which fundamental right was violated by which specific measure and why this violation is constitutionally relevant. This includes, among other things, dealing with the relevant case law and even updating the submission if new developments have arisen with regard to the subject matter of the constitutional complaint since its filing.
Ultimately, there must be a personal, present, and immediate impact. The complainant must therefore be personally and currently affected by the measure complained of.
Our expertise for your constitutional complaint
As specialized criminal defense attorneys, we have years of experience in constitutional law and in representing clients before the Federal Constitutional Court. Our work begins with a thorough examination of the prospects of success for your case. We analyze each case individually and realistically assess the chances of a constitutional complaint.
On this basis, we will develop a precise constitutional legal argument specifically tailored to your case. In doing so, we will take into account the current case law of the Federal Constitutional Court and highlight the constitutionally relevant aspects of your case.
We place particular emphasis on the meticulous adherence to all formal requirements. The strict guidelines of the Federal Constitutional Court necessitate the utmost care in drafting the appeal brief and compiling all necessary documents.
In proceedings before the Federal Constitutional Court, we represent you with our full experience and in-depth constitutional law expertise. We accompany you through all stages of the proceedings and vigorously advocate for the enforcement of your fundamental rights.
The Path to a Successful Constitutional Complaint
- Initial Consultation and Analysis: We thoroughly examine your request and realistically assess the chances of success.
- Strategy Development: If the assessment is positive, we will develop a tailored constitutional argument.
- Timely Submission: We ensure that your constitutional complaint is formally flawless and submitted on time.
Frequently asked questions
Statistically, the success rate is about 2%, although, of course, many constitutional complaints are filed by citizens themselves and do not even meet the formal requirements. Nevertheless, a thorough review by an attorney beforehand is essential.
The costs consist of court fees and attorney fees. We will transparently discuss the details in the initial consultation.
The duration of the proceedings can take several months to years. A quick decision is possible in cases of particular urgency.
Legally, this is not mandatory, but it is strongly recommended due to the complex requirements.
The Federal Constitutional Court annuls the challenged decision and remands the case to the competent specialized court.
No, only after an unsuccessful constitutional complaint is the path to the European Court of Human Rights possible.
The constitutional complaint must be filed within one month of service of the final decision.
She must precisely state the alleged violation of fundamental rights and include all relevant documents.
Yes, if there is need and reasonable prospects of success, legal aid can be granted.
In urgent cases, an application for a preliminary injunction may be filed.
German 
English