Federal Constitutional Court of Germany in the context of "Federal Court of Justice"

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⭐ Core Definition: Federal Constitutional Court of Germany

The Federal Constitutional Court (German: Bundesverfassungsgericht [bʊndəsfɐˈfasʊŋsɡəˌʁɪçt] ; abbreviated: BVerfG) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law (Grundgesetz) of Germany. Since its inception with the beginning of the post-World War II republic, the court has been located in the city of Karlsruhe, which is also the seat of the Federal Court of Justice.

The main task of the Federal Constitutional Court is judicial review, and it may declare legislation unconstitutional, thus rendering it ineffective. In this respect, it is similar to other supreme courts with judicial review powers, yet the court possesses a number of additional powers and is regarded as among the most interventionist and powerful national courts in the world. Unlike other supreme courts, the constitutional court is not an integral stage of the judicial or appeals process (aside from cases concerning constitutional or public international law) and does not serve as a regular appellate court from lower courts or the Federal Supreme Courts on any violation of federal laws.

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👉 Federal Constitutional Court of Germany in the context of Federal Court of Justice

The Federal Court of Justice (German: Bundesgerichtshof [bʊndəsɡəˈʁɪçtsˌhoːf] , BGH [beːɡeːˈhaː] ) is the highest court of civil and criminal jurisdiction in Germany. Its primary responsibility is the final appellate review of decisions by lower courts for errors of law. While, legally, a decision by the Federal Court of Justice is only binding with respect to the individual case in which it enters, de facto the court's interpretation of the law is followed by lower courts with almost no exception. Decisions handed down by the Federal Court of Justice can only be vacated by the Federal Constitutional Court for violating a provision of the German constitution, the Basic Law.

In addition to the court's appellate duties, a few judges of the Federal Court of Justice act as investigating judges in criminal investigations led by the Public Prosecutor General for a small number of exceptional offenses (such as crimes against humanity and the formation of terrorist organisations). As such, they are responsible for issuing search and arrest warrants, among other things.

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