The Federal Constitutional Court decided on a complaint concerning alleged bias before the Administrative Court because the latter’s decision violated Article 101(1)(2) of the Constitution. The issue at stake was that a judge within the Administrative Court considered that “migration is a fundamental evil” and the Federal Constitutional Court stated that the complaint is justified because the respective judge does not have the neutrality required by the Constitution to deal with the case. The Federal Constitutional Court held that the decision of the Administrative Court to reject the application was arbitrary and that the principle of substantive subsidiarity does not preclude admittance of the constitutional complaint.

The Federal Constitutional Court clarified that Article 101(1)(2) of the Constitution is violated when arbitrary considerations were decisive for the determination the deciding judge or if this is based on a fundamental misunderstanding of the meaning and scope of Article 101(1)(2) of the Constitution or if the court fundamentally misjudges the meaning and scope of above-mentioned provision.