독일에서의 헌법재판의 신속한 실현에 대한 법적 통제 기준

German Basic Law does not have any provisions for period of constitutional jurisdiction. Instead of it German Federal Constitutional Court Act § 30 ① regulates the period between court hearing and pronouncement of decision. According to this this period must not exceed 3 months. Germany adopted complaint of delay (Verzögerungsbeschwerde) in §§ 97a-97e through the amendment of German Federal Constitutional Court Act on December 3rd, 2012. According to 97b ① in German Federal Constitutional Court Act regulating rebuke of delay (Verzögerungsrüge) which can be accepted being preliminary step in complaint of delay one year‘s period of jurisdiction can not be accepted exceptional long time. In Gerhard Süßmann/Deutschland case the European Court of Human Rights (ECtHR) mentioned following four standards as applicable criteria for deciding ob three year and 4 month’s period of jurisdiction is adverse Article 6 paragraph 1 or not: 1. complexity of the case, 2, conduct of applicant, 3. conduct of the Federal Constitutional Court, 4. What was at stake for the applicant. Comparative constitutional study on complaint of delay and rebuke of delay in German Federal Constitutional Court Act and relevant rulings of the Eurpean Court of Human Rights has a very important meaning for setting up our standard in judging proper constitutional jurisdiction period.