Fundamental & Human Rights Protection & Constitutional Law

Have you been the victim of a police assault? 

Has some other authority taken unfair action against you?

Did you receive a court decision that shocked you? 

Is a regulation or law interfering with your fundamental rights?

Has the constitution been violated?

In all these cases, there are possibilities for legal protection!

Substantially, the respective measures can be submitted to review whether they violate laws, or our constitution. A measure without a legal basis contradicts our constitution just as much as a law that disproportionately interferes with our fundamental rights.

Various instruments of complaint are available. In the case of police violations, the action complaint (“Maßnahmenbeschwerde”) is particularly suitable. It is the general legal remedy against acts of direct command and coercion (“Akte unmittelbarer behördlicher Befehls- und Zwangsgewalt”) by administrative authorities. It must be filed with the competent regional administrative court.

If the violation of rights takes place in the form of a (written) decision, an appeal against the decision can be filed.

An overview of the various appeal options can be found here:ßnahmenbeschwerde (only available in German).

After a possible negative court decision on a complaint, appeals to the Constitutional Court and/or the Administrative Court are possible. In some cases, the Constitutional Court can also be appealed directly via a constitutional complaint. This is the case if there is a direct violation of personal rights and the detour via a complaint procedure cannot be deemed as acceptable (for instance, if you would have to pay a fine).

An overview of the tasks of the Constitutional Court can be found here:

I will gladly advise and represent you in these matters. The first step is to find out whether rights have been violated and (if yes) it can be legally asserted. Then the plea, including the requests for evidence, must be prepared and the proceedings have to be initiated. If successful, lawyer’s expenses are covered (for a complaint about measures, see the Ordinance on Compensation for Expenses for administrative courts). Furthermore, it may be possible to claim damages.