Act on the Federal Constitutional Court

(Bundesverfassungsgerichtsgesetz – BVerfGG)

(excerpts) (as of 2017)


§ 13
The Federal Constitutional Court shall decide
3. on complaints against decisions of the Bundestag regarding
the validity of an election or the gain or loss of a seat in the
Bundestag (Article 41(2) of the Basic Law),


Chapter 3
Procedure in the cases referred to in § 13 no. 3
[Scrutiny of elections]

§ 48
(1) Complaints against decisions of the Bundestag concerning the
validity of elections, the violation of rights during elections or
their preparation, to the extent that they are subject to electoral
scrutiny pursuant to Article 41 of the Basic Law, or against
decisions concerning the loss of a seat in the Bundestag, may be
lodged with the Federal Constitutional Court within two months
of the Bundestag’s decision by the Member of the Bundestag
whose seat is disputed, by an individual or group of individuals
who are entitled to vote and whose objections were rejected by
the Bundestag, by a parliamentary group or by a minority in the
Bundestag comprising at least one tenth of the statutory number
of Members; reasons for the complaint shall be given within this
period of time.
(2) The Federal Constitutional Court may refrain from conducting
an oral hearing if it is unlikely to advance the proceedings.
(3) If the examination of a complaint lodged by an individual or a
group of individuals who are entitled to vote proves that their
rights have been violated, the Federal Constitutional Court shall
declare that this violation has taken place, unless it declares the
election invalid.