The failed election of new judges has brought the Federal Constitutional Court into focus.

Since its founding in 1951, the Federal Constitutional Court has safeguarded the free and democratic basic order. It is both a court and a constitutional body. Its decisions are final. All other state bodies are bound by its jurisdiction.

However, the court is not a political body; its decisions are based solely on the Basic Law. It is not subordinate to any ministry.

The Karlsruhe headquarters also represents the spatial separation of law and politics. In the Federal Republic of Germany, this separation was initially largely established in Bonn and is now primarily shaped in Berlin.

It only acts upon request. There are various options available. For example, the federal government, a state government, or a quarter of the members of the Bundestag can have a law reviewed for its constitutionality. Upon request from the federal government, the Bundestag, or the Bundesrat, the court can review a ban on anti-constitutional parties.

Citizens can enforce their fundamental rights against the state by filing constitutional complaints. These complaints accounted for the largest share of the 4,640 new cases filed last year, accounting for 96 percent. Incidentally, the average success rate over the past ten years was only 1.56 percent.

It consists of two senates, each composed of eight judges. The chairpersons are the President of the Court, currently Stephan Harbarth in the First Senate, and the Vice President, Doris König, in the Second Senate. Both senates have several chambers, each composed of three members.

Each judge also has four academic assistants. In addition, there are judicial officers, administrative staff, library staff, and IT staff. A total of approximately 270 people work at the court.

The requirements are that you are at least 40 years old and have the qualifications to serve as a judge under the German Judges Act. At least three members of each panel must come from the highest federal courts—that is, the Federal Court of Justice, the Federal Administrative Court, the Federal Finance Court, the Federal Labor Court, or the Federal Social Court. This ensures that their special judicial experience can be incorporated into the jurisprudence of the Federal Constitutional Court.

The Bundestag and Bundesrat each elect half of the 16 members of Germany's highest court. They also alternately appoint the president and vice president. A two-thirds majority is required for each election. This is intended to ensure balance in the Senates.

The term of office is generally twelve years. The retirement age is the end of the month in which the judge turns 68. After this term, however, they continue to perform their duties until their successor is appointed. Re-election is not permitted.

This is regulated, on the one hand, by the Federal Constitutional Court Act. On the other hand, the plenary session – all 16 judges sitting together – makes decisions. The First Senate primarily decides on constitutional complaints filed by citizens concerning fundamental rights issues. The Second Senate is designed more as a state court and, as such, primarily handles disputes between state bodies such as the Bundestag and the federal government. It also decides on the rights of members of parliament and political parties.

No, it's always a matter of majorities. There are different requirements depending on the type of procedure. Constitutional complaints are usually decided by the chambers within the Senate. This must be unanimous; otherwise, the Senate decides with all eight judges.

According to the court, a simple majority in the Senate is sufficient to establish a constitutional violation. With eight members, a tie can occur. In this case, no constitutional violation can be established.

In some other types of proceedings, such as party bans, the law requires a two-thirds majority in the Senate for a decision to the detriment of the respondent – in this example, the affected party.

They can present their views in a so-called dissenting opinion. It is published with their name along with the decision. In the 2020 ruling on electoral reform, for example, three members of the Second Senate took advantage of this opportunity.

Yes. Each member has one vote. The President's and Vice President's votes count no more than those of the other judges. A Senate has a quorum if at least six members are present.

A Senate can exclude individual judges from specific cases if, for example, they have previously dealt with the matter. This was recently the case with the US drone strikes in Yemen. The Second Senate then ruled in favor of seven judges. Other criteria for exclusion include being married to one of the involved parties.