State courts

together with a judicial selections committee

Appointment is determined by the State where the courts are located

To review what

Who has the competence

International treaties

Statute is constitutional now but it will become unconstitutional in the near future

LIMITED to criminal provision, NOTE: retrials

ALL OTHER CASES, NO RETROACTIVE EFFECT!!

1. Constitution-friendly interpretation

All ordinary courts have power to EXAMINE

Up to FCC to rule on the constitutionality question

an INDIVIDUAL can claim an infringement on enumerated constitutional rights by public authority

FCC jurisdiction not limited to statutes but extended to any act of public authority

Exhaustion of all ordinary judicial remedies before

Applicants must demonstrate a direct and concrete injury as a result of the contested measure in order to be admissible

FCC can be seized by the federal government, a State government or 1/4 of Bundestag members, to rule on the constitutionality of a statute

This can be triggered at ANY TIME

There's only an applicant but no defendant

treaties must be transformed into domestic law

National judges & FCC interpretation in EHCR-friendly manner

Principles of IL do override legislation

German constitutional provisions would prevailer European law as long as the Community did not remove the hypothetical conflicts of norms

FCCwould refrain from constitutional review of European law as long as the Community kept the human rights standards that it had developed in the meantime

FCC reserves the right to review EU law, recalls the paramount position of the constituent MS in the treaty based union

FCC warned: it would invalidate EU decisions that are based on unlawfully arrogated powers

FCC prescribed prior approval from the German legislature for each dynamic expansion of powers as if it were a proper treaty amendment