Requirement of a final decision

The Federal Constitutional Court only deals with a procedure as a last resort. Therefore, you must first go through all the available legal process. As long as there is still legal remedy, for example, appeal on facts (“Berufung”) or appeal on law (“Revision”), you must first seize it.

For example, if you receive a tax bill, you can not immediately file a constitutional complaint against it. Rather, you must first object to it, so that the decision can be checked by the tax office. If this does not succeed, the next step is the lawsuit before the Financial Court. Against its judgment an appeal on law to the Federal Financial Court can be filed.

In other jurisdictions the appeal process is even longer.

In this area of ​​the so-called specialized jurisdiction a different lawyer should support you, who has competence and experience in the respective field of law. If you were unsuccessful in the last instance, I will willingly accept the procedure and draft the constitutional complaint. It is important that you come to me early, so that my employees and I have enough time for a comprehensible and well-founded complaint.

Note: There is now a new legal remedy, the so-called “Gehörsrüge” – an objection on legal hearing. If there is a violation of the fundamental right of legal hearing, the court must first be given the opportunity to grant the right to be heard and, if necessary, to correct its decision. In order to avoid losing valuable time for the constitutional complaint due to waiting for a hearing, you should contact me very quickly so that no mistakes are made here.

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