Decisions of the Federal Constitutional Court
According to the later European Court of Human Rights (EGMR) documents, the last domestic decisions are identified as the Federal Constitutional Court’s orders of 01.09.2025 declining to accept the complaints for decision, served on 11.09.2025, in cases 2 BvR 964/25 and 2 BvR 1069/25.
Commentary — assessment by Dmitry Bagrash
According to the later account, these decisions mark the conclusion of domestic legal remedies and form the basis for calculating the time limit in the European Court of Human Rights proceedings.
Federal Constitutional Court. Az.: 2 BvR 964/25. Certified copy. Received 11.09.2025. In the proceedings on the constitutional complaint of Mr Dmitry Bagrash, Ernst-Stargardt-Allee 1, 14979 Berlin, against the Federal Court of Justice’s order of 7 May 2025 – 5 StR 72/25 (appeal on points of law — Revision) – and on the application for an interim order.
The 3rd Chamber of the Second Senate of the Federal Constitutional Court, comprising Judges Langenfeld, Fetzer and Offenloch, unanimously ordered on 1 September 2025 pursuant to § 93b i.V.m. § 93a BVerfGG:
The constitutional complaint is not accepted for decision. The complainant failed, in the first place, to produce the application of the Federal Public Prosecutor General (Generalbundesanwalt) under § 349 Absatz 2 Strafprozessordnung, which is indispensable for the constitutional assessment, or to communicate its substance, and to engage with its decisive reasons through legal argument (see BVerfG, order of the 2nd Chamber of the Second Senate of 12 February 2020 – 2 BvR 2215/19, Rn. 2 m.w.N.). Furthermore, the grounds of the complaint do not coherently demonstrate the possibility of a violation of specific constitutional law.
Covering letter from the registry of the Second Senate of 04.09.2025: Federal Constitutional Court decisions are generally anonymised before publication or transmission to third parties.
Federal Constitutional Court. Az.: 2 BvR 1069/25. Certified copy. Received 11.09.2025. In the proceedings on the constitutional complaint of Mr Dmitry Bagrash, Ernst-Stargardt-Allee 1, 14979 Berlin, against the Federal Court of Justice’s order of 7 May 2025 – 5 StR 72/25 (court-appointed defence) – and on the application for an interim order.
The 3rd Chamber of the Second Senate of the Federal Constitutional Court, comprising Judges Langenfeld, Fetzer and Offenloch, unanimously ordered on 1 September 2025 pursuant to § 93b i.V.m. § 93a BVerfGG:
The constitutional complaint is not accepted for decision. The grounds of the complaint do not coherently demonstrate the possibility of a violation of specific constitutional law.
With the non-acceptance of the constitutional complaint for decision, the application for an interim order becomes moot (§ 40 Abs. 3 GOBVerfG). This decision cannot be appealed.
Langenfeld, Fetzer, Offenloch. Covering letter from the registry of the Second Senate of 04.09.2025.
Document source
2 BvR 964/25: Antwort_BVerfG_2BvR 964_25.pdf / Verfassungsgericht_2BvR 964_25.pdf
2 BvR 1069/25: Antwort_BVerfG_2BvR 1069_25.pdf / Verfassungsgericht_2BvR 1069_25.pdf
These two orders declining to accept the complaints for decision concern the two constitutional complaints lodged on 16.06.2025 (see F1-044 and F1-045) and their supplements (F1-047, F1-048, F1-051).