Translation of "Organstreitverfahren" in English

To the extent that they are admissible, the constitutional complaints and the Organstreit proceedings are unfounded.

The applications to institute Organstreit proceedings are inadmissible.

In other respects, the constitutional complaints and the applications made in Organstreit proceedings are inadmissible.

The application made in the Organstreit proceedings re I. is inadmissible (1.).

The application made by the applicant re I. in the Organstreit proceedings is dismissed as inadmissible.

I. on the application to find, in Organstreit proceedings,

The applicant in the Organstreit proceedings is the Ecological-Democratic Party, founded in 1981.

Organstreit proceedings are contentious proceedings, i.e. proceedings in which an applicant and a respondent oppose each other.

The Federal Government considers both the constitutional complaints and the application for Organstreit proceedings to be inadmissible or at least unfounded.

The applications in the Organstreit proceedings, to the extent they are admissible, and the constitutional complaints are successful.

In other respects, the constitutional complaints lodged and the application made in Organstreit proceedings by the applicant re II. are, to the extent that they are admissible, unfounded.

With respect to Organstreit challenges of inaction, too, the Senate has just recently repeated that they are admissible only if directed against a specific omission, i.e. against the omission of a specific action which can arguably be presented as constitutionally imperative.

The Organstreit proceedings (dispute between constitutional organs) concern the issue of whether the respondent was obliged to seek the retrospective approval of the Bundestag for evacuating German citizens from Libya on 26 February 2011 by soldiers of the Bundeswehr (German Federal Armed Forces) by virtue of the constitutional requirement of a parliamentary decision concerning the deployment of armed military forces.

The German Bundestag, which provided detailed comments only in relation to the constitutional complaint of the complainant in proceedings I., also considers the constitutional complaints and the application for Organstreit proceedings to be inadmissible or at least unfounded.

Finally, a parliamentary minority can also challenge the Federal Government's action by way of an Organstreit proceeding before the Federal Constitutional Court if the Federal Government, in an unconstitutional manner, oversteps its discretion - which is very broad -, in particular if it transgresses the scope of the integration programme that is contained in the Consent Act to the NATO Treaty.

The constitutional complaints and the application for Organstreit proceedings (proceedings relating to disputes between constitutional organs) challenge two programmes for the purchase of marketable debt instruments, in particular government bonds of Member States of the euro area, by the Eurosystem.

The applicants in the Organstreit proceedings challenge the Act Approving the Treaty of Lisbon, the applicant re I. additionally challenges the accompanying laws.

In Organstreit proceedings [proceedings relating to disputes between constitutional organs], the Federal Constitutional Court establishes whether the challenged act or omission violates a provision of the Basic Law.

A decision in Organstreit proceedings cannot have constitutive effect or oblige the respondent to adopt a certain conduct.

The Organstreit proceedings [proceedings relating to disputes between constitutional organs] and the constitutional complaints challenge German and European legislation dealing with the establishment of the European Stability Mechanism (ESM) and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (Fiscal Compact), measures of the European Central Bank (unless separated under procedural law, cf. Press Release no. 9/2014 of 7 February 2014) and, in this context, certain omissions of the federal legislature and the Federal Government.

The Second Senate is essentially competent for Organstreit proceedings, disputes between the Federation and the Laender, proceedings concerning the prohibition of political parties, and electoral complaints.

The Second Senate of the Federal Constitutional Court decided in Organstreit proceedings that the Federal Republic of Germany may participate with German armed forces in a deployment taking place in the framework of operations of the North Atlantic Treaty Organization (NATO) and the Western European Union (WEU) intended to implement decisions of the United Nations (UN) Security Council.

According to these standards, the constitutional complaints and the application in the Organstreit proceedings – to the extent that they are admissible – are unfounded.

In the Organstreit proceedings, the German Bundestag (a), the Federal Government (b), the Bundesrat and the Landtag of Baden-Württemberg (c) have submitted written observations.

I hold that the constitutional complaints and the application in the Organstreit proceedings, in so far as they relate to the OMT Decision, are inadmissible.

The subject of the Organstreit proceedings and constitutional complaints, which have been consolidated for joint adjudication, is the ratification of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007 (OJ no. C 306/1).

The application for Organstreit proceedings is admissible only to the extent that it seeks a declaration to the effect that the German Bundestag is obliged to take steps towards having the policy decision of 6 September 2012 regarding the OMT Programme rescinded.

The Bundestag may take a new vote at any time on the laws challenged by the applicant, regardless of whether a preliminary injunction is issued and regardless of whether this Court were to find in subsequent Organstreit proceedings that the rights of the applicant had been violated.