Constitutional Complaints against German Extradition Orders
The constitutional complaint is regulated in the German Constitution. It may be lodged by any natural or legal person who claims that one of their fundamental rights or an equivalent to a fundamental right has been violated by a German public authority. Thus, within the framework of extradition proceedings, the admissibility decision of the court can, in principle, be challenged. If the Federal Constitutional Court finds that there has been a violation of (fundamental) law, the extradition decision in question is set aside and referred back to the competent Higher Regional Court (OLG).
The constitutional complaint must be lodged at the latest within one month after receiving the challenged decision and must contain a written statement of the grounds. The time limit begins with the publication of the admissibility decision.
It should be noted that the Federal Constitutional Court does not review every simple violation of rights in extradition proceedings. There is only an examination of the violation of specific constitutional law. This means that it only examines whether the decision constitutes a clear and weighty violation of fundamental rights or violates other specific constitutional laws.