tion when it comes to the participation of the Federal Republic of Germany in the European Union (cf. also BVerfGE 123, 267 <356>; 142, 123 <180 para. 98>; BVerfG, Judgment of the Second Senate of 30 July 2019 - 2 BvR 1685/14 inter alia -, para. 141 et seq.). According to general rules, the national parliaments, at the federal or Land level, the Federal or Land Governments and public administrative authorities are primarily competent to give effect to this responsibility, subject to their role in the federal order. The same applies to the courts. The competent courts, under the general law governing the judicial system, must apply directly applicable EU law and domestic law implementing EU law in accordance with the rules set out in the respective codes of procedure – irrespective of whether the provisions at issue are directly applicable provisions of EU law or domestic provisions implementing EU law. 56 aa) Thus, when reviewing decisions of the ordinary courts, it is incumbent upon the Federal Constitutional Court to also include, where necessary, the EU fundamental rights in its standard of review. 57 (1) Guaranteeing effective fundamental rights protection is one of the key tasks of the Federal Constitutional Court. This is reflected in particular in the possibility of lodging a constitutional complaint against court decisions, which constitutes a type of procedure that particularly shapes the Court’s work. The constitutional complaint is deliberately broad and comprehensive in scope. Under Art. 93(1) no. 4a GG, any person who asserts that their fundamental rights have been violated is entitled and has standing to lodge a constitutional complaint, challenging any act of public authority. The constitutional complaint thus seeks to provide comprehensive fundamental rights protection vis-à-vis the entire German state authority in all its manifestations. 58 (2) Today, EU fundamental rights, too, are part of this fundamental rights protection that can be enforced vis-à-vis German state authority. Pursuant to Art. 51(1) of the Charter, EU fundamental rights are applicable at the domestic level and constitute a functional equivalent to the fundamental rights of the Basic Law. Embedded in a comprehensive fundamental rights catalogue, the EU fundamental rights, as regards their contents and objectives, fulfil largely the same function for EU law and its interpretation as German fundamental rights do for the law within the ambit of the Basic Law: within their scope of application, they serve to protect the freedom and equality of citizens and prevail – before the courts if necessary – over any type of action under EU law, irrespective of its legal form and the responsible body. Already in its Preamble, the Charter places itself within the tradition of inviolable and inalienable human rights; in its Arts. 52 and 53, it binds its interpretation to the European Convention on Human Rights. Thus, it invokes the same tradition as the one in which Art. 1(2) GG places the fundamental rights of the Basic Law. 59 (3) Accordingly, as EU law currently stands, fundamental rights protection vis-à-vis the ordinary courts and their application of the law would remain incomplete if EU fundamental rights were not included in the Federal Constitutional Court’s standard 60 12/36

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