Legal Representation in State Liability Cases

Abstract

In practice, many uncertainties arise with regard to the legal representation in state liability cases. The reason for this is that in contrast to the plaintiff’s side, it is far from clear who represents the state. This article gives an overview of the current situation and shows that various solutions are conceivable. Legal certainty could be reached through a few amendments of the Constitutional Court Act 1953 or the Rules of Procedure of the Constitutional Court.