Constitutional Court of North Rhine-Westphalia

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Constitutional Court of the state of North Rhine-Westphalia
Verfassungsgerichtshof für das Land Nordrhein-Westfalen
Verfassungsgerichtshof fur das Land Nordrhein-Westfalen.JPG
The court building in the city of Münster
Constitutional Court of North Rhine-Westphalia
Established1952
JurisdictionState of North Rhine-Westphalia
Appeals to Constitutional Court of Germany
Judge term length10 years, non-renewable term
Number of positions7
Website https://www.vgh.nrw.de/index.php
President
Currently Barbara Dauner-Lieb
Since1 June 2021

The Constitutional Court of North Rhine-Westphalia [1] (German: Verfassungsgericht für das Land Nordrhein-Westfalen; abbreviated: VerfGH NRW or VGH NRW) is the constitutional court of the most populous German state NRW (North Rhine-Westphalia). Art. 76 of the state constitutions authorizes and establishes the court. In its history the method of composition has been changed multiple times. [2]

Contents

The courts seat is in Münster since its founding in 1952. The city was chosen as the courts seat in order to signal its distance to the state capital of Düsseldorf and its independence form the state government. [3] It sits in the same building as the Oberverwaltungsgericht für das Land Nordrhein-Westfalen  [ de ].

From 27 February 2013 to the end of May 2021 Ricarda Brandts served as the president of the court. She was the first woman to ever hold that position. [4] [5]

Composition

Until 2017 the President of the Oberverwaltungsgericht für das Land Nordrhein-Westfalen  [ de ], the two Presidents of the oldest Oberlandesgerichte were ex officio members of the court while the four other members were elected by the Landtag of NRW to serve a non-renewable term of six years. At least half of these elected members had to Befähigung zum Richteramt  [ de ], (German a certificate of competence to serve as judges; i.e. a Law Degree). In March 1952 a Law went into force that awarded the position of President of the Court to the President of the Supreme Administrative Court of the state of North Rhine-Westphalia. [6] [7]

On 25 October 2016 the Landtag passed a Law to amend the state constitution that changed the composition of the court. From then on all members were elected by the Landtag with a 2/3 Supermajority for a non-renewable term of 10 years and all members had to have a certificate of competence to serve as judges. Furthermore, the changed constitution no longer intended for any judge to sit on the bench ex officio. [2] [6] [8]

Juristiction

The Jurisdiction of the court and its powers are defined in the fifth section of the state constitution. The constitutional court shall adjudicate: [9] [10] [11]

Furthermore, the Articles 32, 33 and 68 lay out additional powers and responsibilities of the court. Article 32 allows the court to prevent associations and people "who undertake to suppress national freedoms or use force against the people" from taking part in elections (i.e. voting and running for office) if it is requested by either the Landesregierung (state government) or 3/5s of the Landtag. Article 33 allows deputies of the Landtag who have lost their membership (were excluded from the Landtag) to appeal that decision to the Constitutional Court of Justice. Article 68 of the state Constitution grants it the power to hear appeals in the case that the Landesregierung has rejected the admissibility of a popular initiative. [9]

Article 63 an article of the constitution that has since then ceased to apply used to lay out the procedure for impeaching the Ministerpräsident or any other minister. If they had been charged by the Landtag with a two-thirds majority for "deliberate or grossly violation of the constitution or of any other law" the court would have the authority to decide whether or not they had forfeited their offices. However the article had been repealed in 2016. [12]

Current Judges

The Current judges on the court are: [13]

JudgeBornJoinedPresident
Barbara Dauner-LiebApril 28, 1955 (age 69)June 20212021present
Andrea HeuschMay 29, 1964 (age 60)July 2014
Bernd GrzeszickDecember 23, 1965 (age 58)June 2021
Joachim WielandJuly 30, 1951 (age 73)May 2006
Claudio Nedden-BoegerJanuary 13, 1966 (age 58)June 2012
Dirk GilbergMay 29, 1964 (age 60)January 2020
Matthias RöhlJuly 15, 1969 (age 55)March 2018

See also

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References

  1. "Bundesverfassungsgericht - International perspectives - Links to other courts". www.bundesverfassungsgericht.de. Retrieved 2023-10-01.
  2. 1 2 "SGV Artikel 76 (Fn 27) | RECHT.NRW.DE". recht.nrw.de. Retrieved 2023-09-26.
  3. WDR (2022-10-18). "Verfassungsgericht NRW: 70 Jahre im Namen des Volkes". www1.wdr.de (in German). Retrieved 2023-09-26.
  4. ONLINE, RP (2013-02-20). "Persönlich: Ricarda Brandts ... wird Hüterin der NRW-Verfassung". RP ONLINE (in German). Retrieved 2023-09-26.
  5. admin (2014-09-26). "Interview mit Dr. Ricarda Brandts". karriereführer (in German). Retrieved 2023-09-26.
  6. 1 2 "VerfGH NRW: Geschichte". www.verfgh.nrw.de. Retrieved 2023-09-26.
  7. "NRW-Justiz: Landesverfassungsgericht". www.justiz.nrw. Retrieved 2023-10-01.
  8. "GV. NRW. Ausgabe 2016 Nr. 32 vom 4.11.2016 Seite 859 bis 870 | RECHT.NRW.DE". recht.nrw.de. Retrieved 2023-09-30.
  9. 1 2 Constitution of the Land of North Rhine-Westphalia.
  10. "Verfassungsgerichtshof für das Land Nordrhein-Westfalen". 2016-09-01. Archived from the original on 2016-09-01. Retrieved 2023-09-30.
  11. "VerfGH NRW: Status und Zuständigkeit". www.verfgh.nrw.de. Retrieved 2023-09-30.
  12. "GV. NRW. Ausgabe 2016 Nr. 32 vom 4.11.2016 Seite 859 bis 870 | RECHT.NRW.DE". recht.nrw.de. Retrieved 2023-09-30.
  13. "VerfGH NRW: Die Mitglieder des Verfassungsgerichtshofs". www.verfgh.nrw.de. Retrieved 2023-09-30.