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Decision of 15 November 1993

Bundesverfassungsgericht (Federal Constitutional Court), Plenum, Decision of 15 November 1993

In accordance with Article 14 (4) of the Law on the Federal Constitutional Court, promulgated in Federal Law Gazette I p. 2492

On 15 November 1993, in accordance with Article 14 (4) of the Law on the Federal Constitutional Court, as published on 11 August 1993 (Federal Law Gazette I, p. 1473), the plenum of the Federal Constitutional Court adopted the following decision:

A.

With effect from 1 January 1994, in derogation of Article 14 (1)-(3) of the Law on the Federal Constitutional Court (BVerfGG), the Second Panel of the Federal Constitutional Court shall also be competent for:
I. review of specific laws (Articles 13 (6) and (11) BVerfGG) and constitutional complaints involving

  • 1. asylum law;
    2. the Aliens Act and international mutual assistance in criminal matters;
    3. nationality law;
    4. the civil service and the employment status of employees of religious communities whose law is modelled on that of the civil service, including disciplinary law in each case;
    5. military and civil alternative service, including disciplinary law in this field;
    6. criminal law and the law of criminal procedure, except for proceedings in which questions of the interpretation and application of Article 5 or 8 of the Basic Law predominate;
    7. the execution of remand in custody and imprisonment and of custodial measures other than punishment for dealing with serious offences, as well as the ordering and execution of other forms of deprivation of liberty;
    8. monetary fine proceedings;
    9. income tax law, including church tax law;

II.

  • 1. It shall also be responsible for review of specific law and constitutional complaints in which
    • a) the interpretation and application of international law or primary European law is of considerable significance;
      b) questions other than those involving the interpretation and application of Articles 1-17, 19, 101 and 103 of the Basic Law (GG) (also in connection with the rule of law) predominate;

    2. as well as for complaints involving the civil jurisdiction (except for family law and law of sucession) of complainants whose surnames begin with the letters L to Z, and in which questions of the violation of the rights mentioned in Articles 101 (1) or 103 (1) GG predominate.

B.

The present panel competences shall continue to apply in cases pending up to 31 December 1993.

C.

The Federal Constitutional Court decision of 6 October 1982 (Federal Gazette I p.1735), as amended by the Federal Constitutional Court decision of 15 December 1989 (Federal Law Gazette I p.2259), shall cease to have effect as from midnight on 31 December 1993.