Constitutional law
Lawyer for constitutional law in Berlin
Constitutional law is about the big questions surrounding our society and political system, but it’s also about justice and your basic rights in specific cases. With our years of political and legal experience, we can represent you in select constitutional proceedings, in particular in relation to electoral, parliamentary and party law.
Constitutional law doesn’t just “happen”, it is the result of political battles and negotiations in society. Arguments over elections, parties, the rights of coalitions and the rules of the game in parliament frequently find themselves the centre of political and media interest. Which is why legal representation must be integrated into a comprehensive communication strategy and be politically sensitive.
Party law: proceedings for expulsion from a party
Party law is one of the key areas of our work. We advise small and new parties, in particular, on matters of party constitutions and preparing for elections. We also represent party members in internal party proceedings. Arbitration proceedings pursuant to S. 10 et seqq. German Act on Political Parties (PartG) can result in the imposition of party fines and even expulsion from the party. These proceedings are frequently initiated on the grounds of a suspected breach of the party line or of the principles of the party. However, S. 10(4) PartG contains more stringent requirements for substantiating an expulsion from the party, meaning that an individual must have committed very serious breaches which damage the party. Party members can bring civil law actions against decisions passed down by the highest instances of the party courts (e.g. the Federal Arbitration Commission), S. 1059 German Civil Procedural Code (ZPO).
Violation of constitutional rights and constitutional complaints
Every citizen has the right to an extra-judicial remedy in the form of a constitutional complaint and can, for example, bring constitutional complaints in Karlsruhe against judgments passed down by a court of final instance or state constitutional complaints before one of the constitutional courts of the Länder. The focus here is frequently on violations of basic rights. The constitutional courts only review judgments and other sovereign instruments for a violation by the specific constitutional court. This means that constitutional complaints do not result in prior judgements and proceedings being conducted all over again and re-assessed. For that reason, only a very few constitutional complaints are ever successful (roughly one per cent). The majority of constitutional complaints are not even admitted to the Federal Constitutional Court for a decision. A solicitor working on constitutional law must therefore make careful arguments and sufficiently substantiate the violation of basic rights within a very short timeframe of just one month (S. 93(1)(1) German Act on the Federal Constitutional Court (BVerfGG)). Constitutional complaints therefore involve a lot of work and require years of experience in constitutional law and constitutional procedural law.
References
Constitutional complaints at the Federal Constitutional Court and state constitutional courts, proceedings concerning scrutiny of elections before the Berlin Constitutional Court, advising political parties, representation in arbitration proceedings of political parties
Ihr Partner für öffentliches Baurecht in Berlin
RA Antonio Leonhardt
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