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Visa lawsuit: Constitutional complaint to the Federal Constitutional Court
All information on constitutional complaints in visa law (Federal Constitutional Court).
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what applies to constitutional complaints in visa law
everything about the proceedings at the Federal Constitutional Court
Special features of constitutional complaint visa
Table of Contents
1. Jurisdiction of the Federal Constitutional Court
2. Prospects of success of a constitutional complaint
3. Requirements for a constitutional complaint
4. Lawyer Constitutional Complaint Migration
5. FAQ Constitutional Complaint Migration
6. Conclusion of the constitutional complaint on migration
1. Jurisdiction of the Federal Constitutional Court
The Federal Constitutional Court is the highest authority in Germany when it comes to the interpretation and enforcement of fundamental rights . Only European and international courts rank above the Federal Constitutional Court. Among other things, the Federal Constitutional Court is responsible for constitutional complaints , which citizens can lodge against acts of public authority if they believe their fundamental rights are violated (see Section 90 of the Federal Constitutional Court Act ). In the area of residence and visa law, this particularly applies to cases in which the regular administrative courts, up to and including the Federal Administrative Court, have failed to provide adequate protection of fundamental rights.
For visa procedures, the Federal Constitutional Court is not a further court of fact, but solely reviews whether a fundamental right under the Basic Law has been violated by a negative decision by an authority or court. The Federal Constitutional Court is not a "super-revision authority," but rather only examines specific violations of fundamental rights. In practice, these are often court decisions relating to the family of foreign nationals ( Article 6 of the Basic Law ). In the area of employment law for foreign nationals, the principle of equal treatment and protection against discrimination under Article 3 of the Basic Law plays a major role. Humanitarian migration law (particularly asylum law) frequently concerns threats to life (Article 2 (2) sentence 2 of the Basic Law) and the protection of human dignity (Article 1 of the Basic Law). Another fundamental right that is frequently touched upon in migration and visa law is the right to a judge appointed by law ( Article 101 (1) sentence 2 of the Basic Law ). In this regard , cases in which deportations take place even though a court had previously prohibited the deportation repeatedly cause a stir.
2. Prospects of success of a constitutional complaint (visa law)
The chances of success of a constitutional complaint in visa proceedings are slim, as only a very small fraction of the more than 5,000 constitutional complaints filed annually are even accepted for decision. Overall, only approximately 2% of constitutional complaints are successful (see the official annual statistics of the Federal Constitutional Court ). The Federal Constitutional Court applies a strict selection process and only accepts complaints that concern fundamental constitutional issues or involve a particularly serious infringement of fundamental rights. Simply "continuing" or repeating the arguments already presented in the lower courts is therefore usually not possible.
In practice, only those complaints based on a structural misunderstanding of the significance of a fundamental right are often successful. In the area of visa law, this can be the case, for example, when administrative courts overlook Article 6 of the Basic Law (GG) with regard to the protection of family relationships or interpret it too restrictively (e.g., in the case of rejections of visa applications for family reunification ). Nevertheless, a constitutional complaint should only be filed after a careful examination of whether the challenged decision actually violates a fundamental right or whether it is "merely" a simple violation of the law.
3. Requirements for a constitutional complaint
The prerequisite for filing a constitutional complaint is the complete exhaustion of all legal remedies before the specialized courts ( Section 90 (2) of the Federal Constitutional Court Act (BVerfGG ). This means that before going to Karlsruhe, all options before the administrative courts – including appeals and appeals on points of law – must first be exhausted. Only then can a constitutional complaint be filed within one month of service (for the deadline, see Section 93 (1) sentence 1 of the Federal Constitutional Court Act) of the final decision.
The complaint must be submitted in writing and comprehensively substantiated . It must be precisely explained which fundamental right was violated by which measure. Formal requirements under Sections 23 et seq. of the Federal Constitutional Court Act (BVerfGG) and Section 92 of the Federal Constitutional Court Act (BVerfGG) are strict: Even the smallest formal errors or insufficient justifications lead to inadmissibility. Therefore, conducting proceedings before the Federal Constitutional Court is a challenge, even for experienced immigration law specialists, due to the complexity and significance of the case.
4. Legal support for constitutional complaints in migration law
Especially in the complex area of immigration law, sound legal advice is essential for constitutional complaints and is legally mandatory for oral hearings before the Federal Constitutional Court (see Section 22, Paragraph 1, Sentence 1, Clause 2 of the Federal Constitutional Court Act). An experienced immigration law specialist can not only identify the constitutionally relevant issues but also ensure compliance with the formal requirements for a proper complaint. Errors in the presentation or reasoning can otherwise cause the complaint to fail during the admission procedure.
VISAGUARD will be happy to connect you with specialized lawyers who are well-versed in the constitutional dimension of immigration law. They will examine whether a constitutional complaint is appropriate and legally justified in your specific case. A constitutional complaint supported by a lawyer not only increases the formal admissibility but also the substantive persuasiveness of the case in proceedings before the Federal Constitutional Court.
5. FAQ Constitutional Complaint Migration and Visa Law
When can a constitutional complaint be filed in the visa procedure?
The formal requirement is that the entire administrative court process has been completed – this usually means after the conclusion of an appeal procedure before the Federal Administrative Court.
How much are the legal fees for a constitutional complaint?
Legal fees vary depending on the complexity and scope of the constitutional complaint. For law firms specializing in immigration law, costs in the mid-four-figure range can be expected.
Can I file a constitutional complaint myself?
Yes, a constitutional complaint can be filed without a lawyer. However, you must be represented by a lawyer or university professor specializing in law at the oral hearing. For constitutional complaints relating to migration and residence law, this should be a lawyer specializing in migration law.
6. Conclusion: Constitutional complaint as a last resort in visa law
A constitutional complaint is an exceptional legal remedy used only in special cases under visa law. It is not a substitute for an administrative court action, but is only appropriate in cases of serious violations of fundamental rights . Due to the strict requirements regarding admissibility and justification, it should only be filed with legal assistance. VISAGUARD helps you find competent and experienced immigration law specialists who can realistically assess your chances of success and professionally represent you in the appeal proceedings before the Federal Constitutional Court.