Judge recusal in constitutional litigation: prior legislative participation in the same matter under § 18 Abs. 1 Nr. 2 BVerfGG
Sintesi Legislator
Generato dall'IAThe Federal Constitutional Court ordered the exclusion of a sitting judge from the exercise of his judicial duties due to a procedural conflict of interest. The dispute arose in an interstate litigation case where the Antragsgegnerin (respondent) was a specific legislative body, and it was established that the judge had previously served as a member of that same legislative body in two prior convenions while the specific matter at issue was pending, thereby having participated decisively in the underlying decisions. Applying § 18 (1) no. 2 of the Federal Constitutional Court Act, which prohibits judges from participating in a case where they have previously acted as a member of a legislative body on the same subject matter, the Court ruled that the judge must be recused to ensure procedural integrity.
Regesto Legislator
Generato dall'IA§ 18 Abs 1 Nr 2 BVerfGG; Judge recusal in constitutional litigation: prior legislative participation in the same matter under § 18 Abs. 1 Nr. 2 BVerfGG: The dispute arose in an interstate litigation case where the Antragsgegnerin (respondent) was a specific legislative body, and it was established that the judge had previously served as a member of that same legislative body in two prior convenions while the specific matter at issue was pending, thereby having participated decisively in the underlying decisions. Applying § 18 (1) no. 2 of the Federal Constitutional Court Act, which prohibits judges from participating in a case where they have previously acted as a member of a legislative body on the same subject matter, the Court ruled that the judge must be recused to ensure procedural integrity.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IADecisioni correlate
Generato dall'IAQuestioni giuridiche chiave estratte da Legislator
Generato dall'IAThis provision serves as the main ground for the dispositive order, mandating the exclusion of the judge from the case because he previously participated in the same matter as a member of the respondent legislative bodies.
Testo completo
Ausschluss eines Bundesverfassungsrichters von der Mitwirkung an der Entscheidung im Organstreitverfahren - Tätigkeit in selber Sache (§ 18 Abs 1 Nr 2 BVerfGG) aufgrund Mitgliedschaft in 13. und 14. Bundesversammlung, die im vorliegenden Verfahren Antragsgegnerinnen sind
[TENOR]
Der Richter Müller ist von der Ausübung seines Richteramtes ausgeschlossen, weil er in derselben Sache vor seiner Ernennung
zum Richter des Bundesverfassungsgerichts als Mitglied der jeweiligen Antragsgegnerin zu 2. mitentscheidend tätig gewesen
ist (§ 18 Abs. 1 Nr. 2 BVerfGG).