Judge recusal in constitutional litigation: prior legislative participation in the same matter under § 18 Abs. 1 Nr. 2 BVerfGG

The Federal Constitutional Court ordered the exclusion of a sitting judge from the exercise of his judicial duties due to a procedural conflict of interest. The dispute arose in an interstate litigation case where the Antragsgegnerin (respondent) was a specific legislative body, and it was established that the judge had previously served as a member of that same legislative body in two prior convenions while the specific matter at issue was pending, thereby having participated decisively in the underlying decisions. Applying § 18 (1) no. 2 of the Federal Constitutional Court Act, which prohibits judges from participating in a case where they have previously acted as a member of a legislative body on the same subject matter, the Court ruled that the judge must be recused to ensure procedural integrity.