Inadmissibility of constitutional complaint due to power of attorney lacking express reference to proceedings

The German Federal Constitutional Court’s Second Senate refused to accept a constitutional complaint for decision, declaring it inadmissible and consequently dismissing the associated application for interim relief; this procedural dismissal left the complainant’s challenge unresolved at the constitutional level. The dispute arose from a constitutional complaint filed against a lower court’s judgment, but the case was dismissed on formal procedural grounds rather than the merits, specifically because the representative’s power of attorney was too general and did not explicitly reference the specific constitutional complaint proceedings. The decisive legal basis was § 22 (2) sentence 2 of the Federal Constitutional Court Act (BVerfGG), which mandates that a power of attorney submitted to the court must expressly reference the specific procedure for which it is issued; the Court held that a generic authorization “for constitutional complaint” fails this requirement, rendering the representation invalid and the filing inadmissible.