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Results before the Federal Constitutional Court

Last updated: July 2026

Five constitutional complaint proceedings at the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) are documented here with a total of nine decisions, from interim injunctions to rulings on the merits. Four proceedings ended with the Federal Constitutional Court setting aside the admissibility decision; the fifth (2 BvR 894/19) was discontinued without a decision on the merits after the Schleswig-Holstein Higher Regional Court (Oberlandesgericht, OLG) had set aside its own decision. I conducted the constitutional complaints partly for my own clients and partly prepared them as the author of the complaint for colleagues. The decisions are publicly available; here they are anonymized, each with the official case number as evidence.

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Building of the Schleswig Higher Regional Court
Schleswig Higher Regional Court — the court of origin in the proceedings shown here.

Five successful Constitutional Court proceedings

The focus of my constitutional complaints in extradition law: the threat of detention conditions incompatible with human dignity (Article 4 of the EU Charter / Article 3 ECHR) and political persecution.

Russia · political persecution

Extradition of a complainant of Chechen origin to Russia for criminal prosecution. Grounds raised: the threat of political persecution and deficits in effective legal protection.

→ Constitutional complaint successful: the OLG's admissibility decision was set aside (Article 19(4) Basic Law) and the matter referred back.

BVerfG, decision of 22 Oct 2019 — 2 BvR 1661/19 · OLG Schleswig-Holstein
Romania · detention incompatible with human dignity

Extradition for the enforcement of a sentence on the basis of a European Arrest Warrant; follow-up proceedings to 2 BvR 37/18. Grounds raised: the threat of detention conditions below the minimum standard required by EU fundamental rights (cell size).

→ Constitutional complaint successful: surrender initially stopped by interim injunction; the OLG's admissibility decision was then set aside — violation of Article 4 of the EU Charter.

BVerfG, interim injunction of 2 Jun 2021; chamber decision of 18 Aug 2021 granting the complaint — 2 BvR 908/21 · OLG Schleswig-Holstein
Romania · ECJ referral

For a semi-open or open prison regime, only an individual minimum space of 2 m², including bed and furniture, had been assured. At issue were a possible violation of human dignity (Article 1(1) Basic Law) and the question of a referral to the European Court of Justice (ECJ).

→ Constitutional complaint successful: surrender initially stopped by interim injunction; the OLG's decision was then set aside — violation of the right to the lawful judge (Article 101(1) sentence 2 Basic Law) due to the failure to refer the case to the ECJ.

BVerfG, interim injunction of 12 Jan 2018; chamber decision of 9 May 2018 granting the complaint — 2 BvR 37/18 · OLG Schleswig-Holstein
Romania · detention conditions (EAW)

A further extradition for the enforcement of a sentence (European Arrest Warrant). Here too, the detention conditions to be expected in the target state were at the center of attention.

→ Constitutional complaint successful: surrender initially stopped by interim injunction; the OLG's extradition decision was then set aside — violation of Article 4 of the EU Charter (insufficient overall assessment of the detention conditions).

BVerfG, interim injunction of 24 Jul 2020; chamber decision of 14 Jan 2021 granting the complaint — 2 BvR 1285/20 · OLG Schleswig-Holstein
Russia · interim relief

Extradition to Russia for criminal prosecution. The Federal Constitutional Court stopped the surrender by interim injunction; the OLG then set aside its own decision and, citing new circumstances, ruled again. The Federal Constitutional Court set aside that new decision in the follow-up proceedings 2 BvR 1661/19.

→ Interim injunction: surrender prohibited. After the complainant declared the main proceedings resolved, the proceedings in 2 BvR 894/19 were discontinued without a decision on the merits; the State of Schleswig-Holstein has to reimburse the necessary expenses, as with a successful constitutional complaint.

BVerfG, interim injunction of 24 Jun 2019; discontinuation and expenses decision of 22 Nov 2019 — 2 BvR 894/19 · OLG Schleswig-Holstein

The proceedings presented here are anonymized; the underlying decisions of the Federal Constitutional Court are officially published and can be retrieved under the respective case number. Results in individual proceedings allow no conclusions to be drawn about the outcome of future proceedings — each case is assessed individually. An interim injunction safeguards the proceedings; it is not a final decision on the merits.

Even the last instance is an option

There is no ordinary appeal against the admissibility decision of the Higher Regional Court — but there is the constitutional complaint to the Federal Constitutional Court, often combined with an urgent application that stops the execution. What matters is preparing all objections early and on solid ground. That is exactly what my defense is geared toward.

Learn more: Stopping an Extradition · European Arrest Warrant · Glossary: Constitutional complaint · About

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