Zum 28. September: Fünf Fakten über das Bundesverfassungsgericht

Since 75 years, the Federal Constitutional Court has been watching over the observance of the Basic Law. Citizens can turn to "Karlsruhe" for redress when they believe their constitutional rights have been violated. Moreover, the Court adjudicates disputes between political actors, such as when factions or individual lawmakers disagree with the federal government. Here are five facts you might not have known about Germany's highest court:

1. The Court is independent of any ministry. Not only is the Federal Constitutional Court the highest court in Germany, but it is also one of the five constitutional bodies of the Federal Republic. As such, it is not subject to any ministry. Decisions on substantive organizational matters are made by the 16 judges, divided into two Senates, while the administration is headed by President Stephan Harbarth. Altogether, around 270 people work at the Federal Constitutional Court.

2. Red robes are passed down. When an opinion is announced at the Federal Constitutional Court, judges in scarlet robes, with caps on their heads and white bows around their necks, deliver it. The court uniform is a trademark of the Court. It does not belong to the constitutional judges themselves but is passed down from judge to judge. A dressmaker in Karlsruhe repairs satin gowns as needed and adapts them when new judges join the Senate.

3. Spatial separation of justice and politics. The law on the location of the Federal Constitutional Court, enacted in 1951, stipulated that it was to be "initially in Karlsruhe." This was primarily for practical reasons: The Federal Court of Justice had already been sitting there for nearly a year. It was assumed that the courts could share an administration or a library.

Additionally, one-third of the Federal Constitutional Court judges must be federal judges – which was advantageous given the geographic proximity to the largest federal court.

4. The very first decision dealt with Baden-Württemberg. The Federal Constitutional Court issued its very first decision on September 9, 1951. In the expedited procedure, the Second Senate ordered that the referendum scheduled for September 16 on the establishment of the Southwestern state of Baden-Württemberg be held later. The judges needed more time to examine the legal situation.

In the end, however, they gave the green light: The referendum was held in December 1951 – with the result that Baden-Württemberg came into being.

5. Only about 1.5 percent of constitutional complaints succeed. The vast majority of cases that come before the Federal Constitutional Court are so-called constitutional complaints, which made up roughly 96 percent of all proceedings in 2025. Through a constitutional complaint, citizens can primarily turn to the Court when they believe their fundamental rights have been violated.

However, such complaints are very rarely successful: The average success rate over the past ten years is just 1.48 percent. In general, the Court does not find a violation of the constitution.