| Court Name: | Constitutional Court of the state of North Rhine-Westphalia |
| Native Name: | Verfassungsgerichtshof für das Land Nordrhein-Westfalen |
| Established: | 1952 |
| Appealsto: | Constitutional Court of Germany |
| Terms: | 10 years, non-renewable term |
| Positions: | 7 |
| Website: | https://www.vgh.nrw.de/index.php |
| Chiefjudgetitle: | President |
| Chiefjudgename: | Barbara Dauner-Lieb |
| Termstart: | 1 June 2021 |
| Jurisdiction: | State of North Rhine-Westphalia |
The Constitutional Court of North Rhine-Westphalia[1] (German: Verfassungsgericht für das Land Nordrhein-Westfalen; abbreviated: VerfGH NRW or VGH NRW) is the constitutional court of the most populous German state NRW (North Rhine-Westphalia). Art. 76 of the state constitutions authorizes and establishes the court. In its history the method of composition has been changed multiple times.
The courts seat is in Münster since its founding in 1952. The city was chosen as the courts seat in order to signal its distance to the state capital of Düsseldorf and its independence form the state government.[2] It sits in the same building as the .
From 27 February 2013 to the end of May 2021 Ricarda Brandts served as the president of the court. She was the first woman to ever hold that position.[3] [4]
Until 2017 the President of the, the two Presidents of the oldest Oberlandesgerichte were ex officio members of the court while the four other members were elected by the Landtag of NRW to serve a non-renewable term of six years. At least half of these elected members had to, (German a certificate of competence to serve as judges; i.e. a Law Degree). In March 1952 a Law went into force that awarded the position of President of the Court to the President of the Supreme Administrative Court of the state of North Rhine-Westphalia.[5] [6]
On 25 October 2016 the Landtag passed a Law to amend the state constitution that changed the composition of the court. From then on all members were elected by the Landtag with a 2/3 Supermajority for a non-renewable term of 10 years and all members had to have a certificate of competence to serve as judges. Furthermore, the changed constitution no longer intended for any judge to sit on the bench ex officio.[7] [8]
The Jurisdiction of the court and its powers are defined in the fifth section of the state constitution. The constitutional court shall adjudicate:[9] [10]
Furthermore, the Articles 32, 33 and 68 lay out additional powers and responsibilities of the court. Article 32 allows the court to prevent associations and people "who undertake to suppress national freedoms or use force against the people" from taking part in elections (i.e. voting and running for office) if it is requested by either the Landesregierung (state government) or 3/5s of the Landtag. Article 33 allows deputies of the Landtag who have lost their membership (were excluded from the Landtag) to appeal that decision to the Constitutional Court of Justice. Article 68 of the state Constitution grants it the power to hear appeals in the case that the Landesregierung has rejected the admissibility of a popular initiative.[11]
Article 63 an article of the constitution that has since then ceased to apply used to lay out the procedure for impeaching the Ministerpräsident or any other minister. If they had been charged by the Landtag with a two-thirds majority for "deliberate or grossly violation of the constitution or of any other law" the court would have the authority to decide whether or not they had forfeited their offices. However the article had been repealed in 2016.[12]
The Current judges on the court are:[13]
| Barbara Dauner-Lieb | 28 April 1955 | June 2021 | 2021present | |
| Andrea Heusch | 29 May 1964 | July 2014 | ||
| Bernd Grzeszick | 23 December 1965 | June 2021 | ||
| Joachim Wieland | 30 July 1951 | May 2006 | ||
| Claudio Nedden-Boeger | 13 January 1966 | June 2012 | ||
| Dirk Gilberg | 29 May 1964 | January 2020 | ||
| Matthias Röhl | 15 July 1969 | March 2018 |