Конституционната жалба като средство за защита на религиозните свободи пред Федералния конституционен съд на Германия
The Constitutional Complaint as a Means for Protection of the Religious Freedoms Before the German Federal Constitutional Court

Author(s): Radoslava Yankulova
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: complaint; religious freedoms; German federal constitutional court
Summary/Abstract: The article examines the German constitutional complaint as a mechanism for protection of religious freedoms. It begins with an overview of the model of individual access to constitutional justice applicable in Federal Republic of Germany. In particular it comprises the following aspects of the German constitutional complaint proceeding: - which rights are protected by the constitutional complaint; - who has the right to file a constitutional complaint; - which public acts can be challenged before the Federal Constitutional Court. A considerable part of the article is dedicated to the jurisprudence of the Federal Constitutional Court of Germany which is one of the most powerful and influential tribunals, serving as a model, for other liberal democracies attracted by the prospect of placing fundamental law under the protection of independents courts of justice. A special emphasis is put on the comprehensive analysis of three decisions of the Federal Constitutional Court that are of crucial importance to the clarification of the essence of religious freedoms guaranteed by Article 4 of the German Basic Law. Finally, the author studies the Bulgarian experience in the light of the protection of fundamental freedoms through the instruments of the constitutional justice.

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