Izbrannie resheniya Federalnogo Konstitucionnogo Suda Germanii

The Constitutional Courts ensure that the actions of the State comply with the Constitution. They have the last word when it comes to interpreting the provisions of the basic law of the country, everyone is obliged to follow their interpretation of this law. If the words about the rule of law are written in the Constitution not just for beauty, there must be a truly working system of constitutional justice in the state, which can, if necessary, remind other branches of government about the legal framework in which they operate. It is impossible to imagine a rule-of-law state without the Constitutional Court, it protects the fundamental rights of citizens and stands guard over democracy. All State authorities must respect and ensure the independence of the Constitutional Court. The Constitutional Courts of European countries intensively exchange their experience in the field of procedural practice and constitutional justice. The institutional conditions for this are created by the Conference of European Constitutional Courts, established in 1972. The Federal Constitutional Court of Germany was among its founders, the Constitutional Court of the Russian Federation joined the Conference in 1996. Many Constitutional Courts publish their decisions not only in the official language of their country, often at least the most important, fundamental decisions are translated into English. However, translations into other languages are rather an exception. Over the years, the Konrad Adenauer Foundation has repeatedly prepared translations of the decisions of the Federal Constitutional Court of Germany into various languages, this work has always met with a positive response. Therefore, the idea suggested itself to translate the updated collection of decisions of the Federal Constitutional Court into Russian. We see that now the importance of comparative analysis of constitutional law and constitutional justice is increasing, this publication is our contribution to this process. Each country has its own traditions, each Constitutional Court uses its own methods of interpreting the basic law of its state, based on earlier decisions. Therefore, it is obvious that the Constitutional Courts of other countries cannot exactly copy the practice of the Federal Constitutional Court of Germany. This book does not have such a task. Rather, it is intended to help understand the reasons why the German Constitutional Court, which has a fairly long history, has made certain decisions, and to give food for thought. Therefore, we deliberately focused on court decisions in the field of fundamental rights and freedoms.