Volume 69
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 69, 1-92 | Judgment of 24 April 1985 | 2 BvF 2/83, 2 BvF 3/83, 2 BvF 4/83, 2 BvF 2/84 | New statutory framework for conscientious objection to military service |
| BVerfGE 69, 92-112 | Order of 15 January 1985 | 2 BvR 1163/82 | Exclusion of income tax deduction for contributions and donations to municipal voters’ associations |
| BVerfGE 69, 112-122 | Order of 15 January | 2 BvR 128/84 | Binding effect of judicial review decisions concerning statutes |
| BVerfGE 69, 122-126 | Order of 30 January 1985 | 1 BvR 1341/82 | Constitutional complaint directly challenging a statute and principle of subsidiarity (voluntary participation of severely disabled persons in public health insurance) |
| BVerfGE 69, 126-140 | Order of 30 January 1985 | 1 BvR 99/84 | Violation of the right to be heard (rejection of untimely submitted claims and defences in an early first hearing in civil proceedings) |
| BVerfGE 69, 141-145 | Order of 30 January 1985 | 1 BvR 393/84 | Violation of the right to be heard (failure to summon witnesses) |
| BVerfGE 69, 145-150 | Order of 30 January 1985 | 1 BvR 876/84 | Violation of the right to be heard (application of provisions governing the exclusion of certain rights or legal acts) |
| BVerfGE 69, 150-161 | Order of 26 February 1985 | 2 BvL 17/83 | Inadmissibility of a referral for specific judicial review of legislation; review and decision of incidental constitutional questions by the Federal Constitutional Court (exemption from customs duties for fuels of vessels used by undertakers) |
| BVerfGE 69, 161-174 | Order of 26 February 1985 | 2 BvR 1145/83 | Constitutional complaint not admitted for decision by a Senate for inadmissibility (duty of prison authorities to timely decide on prisoners’ applications for leave) |
| BVerfGE 69, 174-184 | Order of 26 February 1985 | 2 BvL 14/84 | Hamburg Beverage Tax |
| BVerfGE 69, 185-188 | Order of 26 February 1985 | 2 BvL 27/84 | Inadmissibility of a referral for specific judicial review of legislation (preliminary discontinuance of criminal proceedings against a drug addict only available with approval of the public prosecution office) |
| BVerfGE 69, 188-209 | Order of 12 March 1985 | 1 BvR 571/81, 1 BvR 494/82, 1 BvR 47/83 | In the assessment of the personal interdependence between holding and operating company, it cannot be presumed that spouses are pursuing similar economic interests in determining whether a business split exists |
| BVerfGE 69, 209-220 | Order of 12 March 1985 | 1 BvL 25/83, 1 BvL 45/83, 1 BvL 52/83 | Admission of civil servants and employees of the tax administration authorities to the tax consultant examination subject to prior application for dismissal from civil service |
| BVerfGE 69, 220-232 | Order of 21 March 1985 | 2 BvR 1642/83 | Immediate enforcement of an expulsion order |
| BVerfGE 69, 233-248 | Order of 28 March 1985 | 1 BvR 1245/84, 1 BvR 1254/84 | Immediate enforcement of the withdrawal from members of a dental group practice of their licence to practice as public health insurance affiliated dentists |
| BVerfGE 69, 248-257 | Order of 24 April 1985 | 2 BvR 1248/82 | Constitutional application in civil proceedings of provisions governing the exclusion of certain rights or legal acts (deadline for furnishing the address at which documents can be served to a witness) |
| BVerfGE 69, 257-272 | Order of 25 April 1985 | 2 BvR 617/84 | Limits to the powers of public broadcasting organisations to refuse to broadcast election advertisements for violating § 90a and § 185 of the Criminal Code |
| BVerfGE 69, 272-315 | Judgment of 16 July 1985 | 1 BvL 5/80, 1 BvR 1023/83, 1 BvR 1052/83, 1 BvR 1227/84 | Prerequisite for non-contributory health insurance for pensioners pursuant to the 1977 Health Insurance Cost Containment Act |
| BVerfGE 69, 315-372 | Order of 14 May 1985 | 1 BvR 233/81, 1 BvR 341/81 | Immediate enforcement of a ban on demonstrations against the construction of Brokdorf nuclear power plant |
| BVerfGE 69, 373-381 | Order of 14 May 1985 | 1 BvL 6/82 | Exemption from notary fees for social assistance recipients |
| BVerfGE 69, 381-387 | Order of 14 May 1985 | 1 BvR 370/84 | Compliance with time limit for a revocation before a Regional Court through a telex received by another authority (public prosecution office) |
Volume 68
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 68, 1-132 | Judgment of 18 December 1984 | 2 BvE 13/83 | No violation of rights of the German Bundestag by the Federal Government’s consent to the deployment of American Pershing-2 intermediate-range ballistic missiles equipped with nuclear weapons and cruise missiles |
| BVerfGE 68, 132-143 | Order of 17 October 1984 | 1 BvR 620/78, 1 BvR 363/80 | Scope of an order of execution issued by the Federal Constitutional Court; constitutional complaints lodged conditionally |
| BVerfGE 68, 143-155 | Order of 17 October 1984 | 1 BvR 527/80, 1 BvR 528/81, 1 BvR 441/82 | Income taxation of widowed, divorced, separated or unmarried parents with at least one child |
| BVerfGE 68, 155-175 | Order of 17 October 1984 | 1 BvL 18/82, 1 BvL 46/83, 1 BvL 2/84 | Cost reimbursement to private transport operators for the free-of-charge transport of severely disabled persons |
| BVerfGE 68, 176-192 | Order of 17 October 1984 | 1 BvR 284/84 | (Yugoslavian) child remaining in a (German) foster family against the will of the biological parents |
| BVerfGE 68, 193-226 | Order of 31 October 1984 | 1 BvR 35/82, 1 BvR 356/82, 1 BvR 794/82 | Provisions pursuant to the Act Supplementing the Cost Containment Act concerning dental technicians and their professional organisations; standing to lodge a constitutional complaint of legal persons under public law and of associations of such legal persons (guilds and associations of guilds) |
| BVerfGE 68, 226-233 | Order of 31 October 1984 | 1 BvR 753/83 | Ironical and critical publications (postcards) about a Munich private security firm |
| BVerfGE 68, 233-236 | Order of 31 October 1984 | 1 BvR 1245/84, 1 BvR 1254/84 | Preliminary injunction; suspension of the immediate enforcement of the withdrawal of the licence to practice as a public health insurance affiliated dentist |
| BVerfGE 68, 237-256 | Order of 6 November 1984 | 2 BvL 16/83 | Claim for refund of a person charged with a criminal offence who had been defended by a counsel of his own choice in a matter that is particularly complex and extensive in scope |
| BVerfGE 68, 256-272 | Order of 14 November 1984 | 1 BvR 14/82, 1 BvR 1642/82 | Ability to work and earning potential of a divorced parent liable for maintenance to the children from their first marriage may also be considered to assess the parent’s economic capacity |
| BVerfGE 68, 272-287 | Order of 28 November 1984 | 1 BvL 13/81 | Authorisation to sign construction plans for non-complex construction projects in the capacity of planner being made dependent on a master craft examination or equivalent qualification (Hesse) |
| BVerfGE 68, 287-311 | Order of 28 November 1984 | 1 BvR 1157/82 | On the constitutionality of raising the technical interest rate for pension provisions |
| BVerfGE 68, 311-319 | Order of 11 December 1984 | 1 BvL 12/78 | Inadmissibility of a referral from a court when no interpretation of the challenged provision has taken place (application of the ban on crediting set out in § 5(2) first sentence of the Act Improving Workplace Pension Schemes to non-employees within the meaning of § 17(1) second sentence of the Act) |
| BVerfGE 68, 319-334 | Order of 12 December 1984 | 1 BvR 1249/83, 1 BvR 1745/83, 1 BvR 1746/83 inter alia | Inadmissibility of constitutional complaints directly challenging statutory schedule of physicians' fees of 12 November 1982; federal legislator’s power to enact regulations on physicians’ fees |
| BVerfGE 68, 334-336 | Order of 12 December 1984 | 1 BvR 180/84, 1 BvR 297/84 | Authorisation pursuant to § 2 of the Pricing Act |
| BVerfGE 68, 337-346 | Order of 18 December 1984 | 2 BvL 22/82 | Inadmissibility of a referral from a court because the referring court itself is not convinced of the unconstitutionality of the challenged provision (international cooperation in criminal matters by German courts) |
| BVerfGE 68, 346-351 | Order of 18 December 1984 | 2 BvF 2/84 | No joinder as an interested party in abstract judicial review proceedings |
| BVerfGE 68, 352-360 | Order of 19 December 1984 | 2 BvL 20/84, 2 BvL 21/84 | Inadmissibility of a referral from a court after a binding Higher Regional Court decision in proceedings related to international cooperation in criminal matters (international cooperation in criminal matters by German courts in Turkish criminal proceedings possibly resulting in a death penalty) |
| BVerfGE 68, 360-361 | Order of 8 January 1985 | 1 BvR 233/81, 1 BvR 341/81 | Admission of an adviser to a party before the Federal Constitutional Court |
| BVerfGE 68, 361-375 | Order of 8 January 1985 | 1 BvR 792/83, 1 BvR 501/83 | Landlord’s right of repossession of residential premises |
| BVerfGE 68, 376-384 | Order of 8 January 1985 | 1 BvR 700/83, 1 BvR 1141/83 | Reasonableness of lodging an appeal (in rent increase disputes) that is only possibly admissible before taking recourse to the Federal Constitutional Court |
| BVerfGE 68, 384-391 | Order of 8 January 1985 | 1 BvR 830/83 | Unconstitutionality of the conflict of laws rule in § 17(1) of the Introductory Act to the Civil Code, which looks to the husband’s citizenship in determining the applicable divorce law |
Volume 67
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 67, 1-21 | Order of 10 April 1984 | 2 BvL 19/82 | On the constitutionality of the transitional regulations in place for lowering the retirement age for university professors (North Rhine-Westphalia) |
| BVerfGE 67, 21-25 | Order of 10 April 1984 | 2 BvL 19/82 | Dissenting opinion of Justices Steinberger and Böckenförde |
| BVerfGE 67, 26-38 | Order of 18 April 1984 | 1 BvL 43/81 | Review in proceedings for specific judicial review of legislation on the admissibility of the action brought in the initial proceedings; no individual claim against the state generally refraining from using public taxes in a manner the individual regards as a violation of fundamental rights (public health insurance payments for abortion) |
| BVerfGE 67, 39-43 | Judgment of 18 April 1984 | 1 BvR 869/83 | Violation of the right to be heard by the incorrect application of a provision governing the exclusion of certain rights or legal acts |
| BVerfGE 67, 43-64 | Order of 2 May 1984 | 2 BvR 1413/83 | Scope of judicial review required in summary proceedings before an administrative court concerning a declaration by the Federal Office for the Recognition of Foreign Refugees that an asylum application is manifestly unfounded when the court confirms that a residence-terminating measure is immediately enforceable |
| BVerfGE 67, 65-70 | Judgment of 2 May 1984 | 2 BvH 1/84 | Requirement to provide supporting signatures for nominations, five per cent electoral threshold for Bundestag elections and elections for the Landtag of Hesse, ‘one-vote system’ in elections for the Landtag of Hesse |
| BVerfGE 67, 70-90 | Order of 15 May 1984 | 1 BvR 464/81, 1 BvR 427/82, 1 BvR 440/82, 1 BvR 605/81 | Disregarding of encumbrance on an asset created directly in connection with the gift in assessing gift tax; considering encumbered land transferred as a gift when establishing the amount of real property transfer tax |
| BVerfGE 67, 90-96 | Order of 15 May 1984 | 1 BvR 967/83 | No violation of the general guarantee of the right to equality if ordinary (non-constitutional) law has clearly been applied incorrectly (§ 30 no. 2 of the Bankruptcy Code) |
| BVerfGE 67, 96-100 | Order of 16 May 1984 | 1 BvR 799/83, 1 BvR 999/83 | Violation of the right to be heard (no possibility of responding to statements by a tax office in the context of a decision relating exclusively to costs) |
| BVerfGE 67, 100-146 | Judgment of 17 July 1984 | 2 BvE 11/83, 2 BvE 15/83 | Right of a committee of inquiry established by the Bundestag (Flick Committee) to review files of the Federal Government |
| BVerfGE 67, 146-148 | Order of 29 May 1984 | 2 BvC 2/84 | Electoral complaint by a person placed under care for mental ailments without the person’s consent |
| BVerfGE 67, 149-153 | Order of 30 May 1984 | 2 BvR 617/84 | Preliminary injunction: Granting of a broadcast date to the Deutsche Zentrumspartei by the WDR broadcasting organisation on the occasion of the elections for the European Parliament 1984 |
| BVerfGE 67, 154-156 | Order of 5 June 1984 | 1 BvR 29/84 | Violation of the right to be heard (no opportunity for the opposing party to respond to an application for reinstatement into the former procedural position) |
| BVerfGE 67, 157-185 | Order of 20 June 1984 | 1 BvR 1494/78 | Measures to survey the mail and telephone traffic with Warsaw Pact countries |
| BVerfGE 67, 186-199 | Order of 10 July 1984 | 1 BvL 44/80 | Only one claim for public assistance for the unemployed for spouses living in a common household |
| BVerfGE 67, 199-202 | Judgment of 10 July 1984 | 1 BvR 608/84 | Violation of the right to be heard (failure to consider a timely received brief) |
| BVerfGE 67, 202-208 | Judgment of 11 July 1984 | 1 BvL 10/83 | Freedom of research and teaching; departments within a higher education institution do not have exclusive authority to decide on the scope, content and exercise of their study programmes (Act on the Bremen Higher Education Institutions) |
| BVerfGE 67, 208-213 | Judgment of 11 July 1984 | 1 BvR 1269/83 | Right to be heard (no analogous application of § 185 [now § 178] of the Code of Civil Procedure with regard to documents to be served on managing director of a GmbH) |
| BVerfGE 67, 213-231 | Order of 17 July 1984 | 1 BvR 816/82 | Freedom of the arts; assessment under criminal law of a political street theatre performance |
| BVerfGE 67, 231-239 | Order of 17 July 1984 | 1 BvL 24/83 | Shortened qualifying period for an invalidity pension only applies if invalidity was caused by an accident |
| BVerfGE 67, 239-244 | Order of 18 July 1984 | 1 BvL 3/81 | Inadmissibility of a referral from a court; assertion by third parties, who were not part of initial proceedings, of being placed at a disadvantage with regard to their fundamental rights (voluntary participation of severely disabled persons in public health insurance fund) |
| BVerfGE 67, 245-251 | Order of 18 July 1984 | 1 BvR 1455/83 | Denial of legal aid for divorce in the case of a marriage of convenience with a foreigner |
| BVerfGE 67, 251-256 | Order of 18 July 1984 | 1 BvR 446/84 | Denial of legal aid for divorce in the case of a marriage of convenience with a foreigner |
| BVerfGE 67, 256-290 | Judgment of 6 July 1984 | 2 BvL 19/83, 2 BvL 20/83, 2 BvR 363/83, 2 BvR 491/83 | Unconstitutionality of investment aid levy |
| BVerfGE 67, 290-299 | Order of 4 October 1984 | 1 BvR 789/79 | Limitation on income tax deduction for compulsory maintenance payments to divorced spouses |
| BVerfGE 67, 299-329 | Order of 9 October 1984 | 2 BvL 10/82 | Allocation of legislative power on rights of way and road traffic law (so-called ’street lamp garages’ in Hamburg) |
| BVerfGE 67, 329-348 | Order of 16 October 1984 | 1 BvR 513/78 | Settlement and compensation claims of yielding co-heirs pursuant to the Farm Estate Inheritance Code |
| BVerfGE 67, 369-381 | Order of 16 October 1984 | 2 BvL 20/82, 2 BvL 21/82 | Valuation standard for agricultural holdings in implementing equalisation of accrued gains |
| BVerfGE 67, 382-390 | Order of 16 October 1984 | 2 BvL 1/83 | On the constitutionality of a quorum of signatures for election proposals for the staff council election |
| BVerfGE 67, 348-369 | Order of 16 October 1984 | 1 BvL 17/80 | Compatibility of the Personnel Representation Act of the Land Hesse with the Federal Personnel Representation Act (decision-making on joint elections in an agency) |
Volume 66
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 66, 1-25 | Judgment of 13 December 1983 | 2 BvL 13/82, 2 BvL 14/82, 2 BvL 15/82 | No obligation for churches recognised as corporate bodies under public law or their organisations to pay apportionments for bankruptcy compensation paid to employees |
| BVerfGE 66, 26-39 | Judgment of 15 December 1983 | 2 BvE 14/83 | Denial of a request for preliminary injunction: Adoption of the 1984 Federal Budget Act (parliamentary oversight of the budget items for the intelligence services) |
| BVerfGE 66, 39-65 | Order of 16 December 1983 | 2 BvR 1160/83, 2 BvR 1565/83, 2 BvR 1714/83 | Denial of a request for preliminary injunction (constitutional complaints against so-called rearmament) |
| BVerfGE 66, 66-79 | Judgment of 10 January 1984 | 1 BvR 55/81, 1 BvR 1254/81 | Division of widow’s pension from the public pension insurance fund between widow and the insured person's dependent wife from a previous marriage of the insured person in proportion to the duration of the marriages |
| BVerfGE 66, 79-84 | Judgment of 10 January 1984 | 1 BvR 55/81, 1 BvR 1254/81 | Dissenting opinion of Justice Dr. Katzenstein |
| BVerfGE 66, 84-100 | Order of 10 January 1984 | 1 BvL 5/83 | Precedence of the divorced spouse over the new spouse under maintenance law when both care for children in the event of insufficient economic capacity of the person liable for maintenance |
| BVerfGE 66, 100-107 | Judgment of 24 January 1984 | 1 BvL 7/82 | Inadmissibility of a referral from a court; disregarding persons not party to the initial proceedings when granting a statutory benefit (compensation to severely injured persons for loss of earnings in the event of impairment in housekeeping granted only to women) |
| BVerfGE 66, 107-116 | Judgment of 24 January 1984 | 2 BvH 3/83 | Subsidiarity of recourse to the Federal Constitutional Court in the event of public-law disputes within a Land (fiscal treatment of payments by professional associations to political parties and election funds) |
| BVerfGE 66, 116-151 | Order of 25 January 1984 | 1 BvR 272/81 | Publication of information obtained from the editorial staff of a press organ by a freelancer through deception as to his identity and intentions |
| BVerfGE 66, 152-154 | Order of 8 February 1984 | 1 BvR 382/83 | No reimbursement of expenses if a constitutional complaint lodged against a statute becomes moot due to a decision in parallel proceedings |
| BVerfGE 66, 155-190 | Order of 8 February 1984 | 1 BvR 580/83, 1 BvR 604/83, 1 BvR 605/83 inter alia | Structural reorganisation of non-professorial teaching and research staff at the Hanover University of Veterinary Medicine to avoid a reduction in teaching and research capacity |
| BVerfGE 66, 191-199 | Judgment of 8 February 1984 | 2 BvR 677/80 | Constitutional complaint not admitted for decision by a Senate; obligation to hold hearing of the person concerned that had initially not taken place due to the person’s urgent temporary confinement in a secure psychiatric hospital |
| BVerfGE 66, 199-210 | Order of 21 February 1984 | 2 BvR 1242/80 | Effect of failure to complete a working day due to disciplinary measure on eligibility for days free from the obligation to work in detention |
| BVerfGE 66, 211-214 | Order of 21 February 1984 | 2 BvR 1244/83 | A fine for an administrative offence of up to DM 80 that is not entered in the Central Register of Traffic Offenders is not regarded as a severe and unavoidable disadvantage |
| BVerfGE 66, 214-226 | Order of 22 February 1984 | 1 BvL 10/80 | Limitation of deduction for compulsory maintenance expenses for persons who are not granted child allowances under the Income Tax Act |
| BVerfGE 66, 226-232 | Order of 22 February 1984 | 1 BvL 21/83 | Inadmissibility of a referral from a court; fictional factual situation that did not exist in the initial proceedings used as a basis for substantiating the constitutional concerns raised (pension sharing of vested rights to a workplace pension) |
| BVerfGE 66, 232-234 | Judgment of 14 March 1984 | 2 BvC 1/84 | Electoral complaint (100 individuals entitled to vote joining the proceedings as interested parties) |
| BVerfGE 66, 234-248 | Order of 20 March 1984 | 1 BvL 27/82 | When exemptions are provided for in social insurance to avoid coincidental factors, no need to exclude every conceivable coincidence (reduced old-age pension when more than 60 monthly contributions have been paid) |
| BVerfGE 66, 248-259 | Order of 20 March 1984 | 1 BvL 28/82 | Expropriation for purposes of public energy supply in favour of energy supply companies organised under private law |
| BVerfGE 66, 260-265 | Judgment of 20 March 1984 | 1 BvR 763/82 | Violation of the right to be heard (erroneous rejection of submission as late at the appeals stage in civil proceedings) |
| BVerfGE 66, 265-270 | Judgment of 20 March 1984 | 1 BvL 23/83 | Obligation of a court to state its reasons in relation to a referral pursuant to Art. 100(1) of the Basic Law (raising of the interest rates for public building loans) |
| BVerfGE 66, 270-291 | Judgment of 28 March 1984 | 2 BvL 2/82 | 50-50 division of the seats on university committees between university assistants and the research and artistic assistants as well as teaching staff with special duties (Schleswig-Holstein) |
| BVerfGE 66, 291-310 | Order of 28 March 1984 | 2 BvL 3/82, 2 BvL 4/82, 2 BvL 5/82, 2 BvL 6/82 | Exclusive majority voting in elections to the collegial bodies of a higher education institution as a violation of the Framework Act for Higher Education (Schleswig-Holstein) |
| BVerfGE 66, 311-313 | Order of 28 March 1984 | 2 BvC 3/83 | Electoral complaint (requirement of 100 individuals entitled to vote joining each individual electoral complaint as interested parties, also those lodged jointly or in cooperation) |
| BVerfGE 66, 313-323 | Judgment of 28 March 1984 | 2 BvR 275/83 | No reduction of costs to be reimbursed to an accused acquitted by final judgment that were incurred by their chosen defence counsel in remuneration to be granted from the state treasury for an additional defence counsel assigned by the court |
| BVerfGE 66, 324-331 | Judgment of 4 April 1984 | 1 BvR 1323/82 | Avoidance of an unconstitutional result in pension sharing (pension payments to a retired civil servant who is obliged to transfer pension shares significantly lower than payments to retired wife entitled to receive transferred pension shares after the implementation of pension sharing) |
| BVerfGE 66, 331-337 | Judgment of 4 April 1984 | 1 BvR 276/83 | Examination of the merits of an appeal on points of law if court of appeal on points of fact and law has made an incorrect assessment (§ 621d of the Code of Civil Procedure) |
| BVerfGE 66, 337-368 | Order of 4 April 1984 | 1 BvR 1287/83 | Prohibition without exception against the re-admission of a former lawyer who has been excluded from the bar by final judgment |
| BVerfGE 66, 369-384 | Judgment of 10 April 1984 | 2 BvC 2/83 | Electoral complaint (announcement by entrepreneurs to revoke investment decisions in case of a certain outcome in federal election) |
Volume 65
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 65, 1-71 | Judgment of 15 December 1983 | 1 BvR 209/83, 1 BvR 269/83, 1 BvR 362/83, 1 BvR 420/83 inter alia | 1983 Census Act |
| BVerfGE 65, 72-76 | Judgment of 12 July 1983 | 1 BvR 697/77 | Reimbursability of clerical expenses for photocopies |
| BVerfGE 65, 76-100 | Order of 12 July 1983 | 1 BvR 1470/82 | No remedy against a judgment of the chamber of an administrative court dismissing an asylum seeker's application as manifestly inadmissible or manifestly unfounded |
| BVerfGE 65, 101-104 | Judgment of 17. August 1983 | 2 BvH 1/83 | Rejection of a preliminary injunction: composition of the Main Committee of the Landtag of Hesse |
| BVerfGE 65, 104-115 | Judgment of 4 October 1983 | 1 BvL 2/81 | Exclusion of mother who was unemployed before the birth of child from receiving maternity benefits |
| BVerfGE 65, 116-132 | Judgment of 4 October 1983 | 1 BvR 1633/82, 1 BvR 1549/82 | Residence requirement for patent attorneys |
| BVerfGE 65, 132-141 | Judgment of 4 October 1983 | 2 BvL 8/83 | Inadmissibility of a referral for specific judicial review of legislation (application of Art. 15(1) second sentence of the Bavarian Administrative Fees Act in preliminary proceedings) |
| BVerfGE 65, 141-151 | Judgment of 6 October 1983 | 2 BvL 22/80 | General allowance for soldiers employed for technical posts |
| BVerfGE 65, 152-159 | Order of 11 October 1983 | 1 BvL 73/78 | On the question of the proper composition of the First Senate of the Federal Constitutional Court |
| BVerfGE 65, 160-171 | Order of 11 October 1983 | 1 BvL 73/78 | Inadmissibility of a referral pursuant to Art. 100(1) of the Basic Law (standard rateable values of post-war buildings valued using the rental value method) |
| BVerfGE 65, 171-179 | Order of 18 October 1983 | 2 BvR 462/82 | Hearing in appeal proceedings on points of law to take place only in the presence of the defence lawyer appointed pursuant to § 140(2) or § 350(3) first sentence of the Code of Criminal Procedure |
| BVerfGE 65, 179-182 | Judgment of 18 October 1983 | 2 BvL 14/83 | Admissibility requirements for a referral pursuant to Art. 100(1) of the Basic Law on an issue that the Federal Constitutional Court has already previously decided (imposition of a minimum term of imprisonment in case of recidivism, even for minor crimes)) |
| BVerfGE 65, 182-195 | Order of 19 October 1983 | 2 BvR 485/80, 2 BvR 486/80 | Courts may not classify severance payments under social compensation plans as bankruptcy claims ranking higher in priority than those under § 61(1) no. 1 of the Bankruptcy Code |
| BVerfGE 65, 196-218 | Judgment of 19 October 1983 | 2 BvR 298/81 | Revocation of employees' pension claims vis-à-vis occupational defined-contribution schemes in the case law of the Federal Labour Court |
| BVerfGE 65, 219-227 | Judgment of 3 November 1983 | 2 BvR 735/82 | Right to be heard in proceedings before the administrative courts |
| BVerfGE 65, 227-236 | Judgment of 3 November 1983 | 2 BvR 348/83 | Violation of the right to be heard (appeal against the restoration of the suspensive effect pursuant to § 80(5) of the Code of Administrative Court Procedure; broadcasting of an election advertisement by the CSU party on Westdeutscher Rundfunk) |
| BVerfGE 65, 237-248 | Order of 8 November 1983 | 1 BvL 8/81 | Prohibition against advertising of rental car companies that is prone to confusion with taxi services |
| BVerfGE 65, 248-265 | Judgment of 8 November 1983 | 1 BvR 1249/81 | Price markings in trade in accordance with the Price Indication Ordinance |
| BVerfGE 65, 265-283 | Order of 22 November 1983 | 2 BvL 5/81, 2 BvL 6/81, 2 BvL 7/81 inter alia | Inadmissibility of a referral under Article 100 (1) of the Basic Law (no transitional procedure for senior researchers, senior lecturers and directors – Saarland University Act – pursuant to the Framework Act for Higher Education; classification under corporate law as research assistants) |
| BVerfGE 65, 283-292 | Judgment of 22 November 1983 | 2 BvL 25/81 | Legally binding nature of a land-use plan through announcement by municipality of its approval and the possibility of access to the plan |
| BVerfGE 65, 293-297 | Judgment of 22 November 1983 | 2 BvR 399/81 | Violation of the right to be heard in proceedings before the social courts (denial of leave to leapfrog appeal because opposing party’s consent was not included) |
| BVerfGE 65, 297-304 | Judgment of 29 November 1983 | 1 BvR 1318/81 | Application of a legal provision declared void in civil court decision: violation of Art. 2(1) of the Basic Law |
| BVerfGE 65, 305-308 | Judgment of 29 November 1983 | 1 BvR 1313/82 | Violation of the right to be heard (failure to consider motion to hear evidence when the address of a witness was incorrect) |
| BVerfGE 65, 308-316 | Order of 29 November 1983 | 2 BvL 18/82 | Inadmissibility of a referral pursuant to Art. 100(1) of the Basic Law (Bremen Act on the Enforcement of Outstanding Debts by Administrative Action) |
| BVerfGE 65, 317-325 | Order of 29 November 1983 | 2 BvR 704/83 | Further oral hearing from ward by appellate court in proceedings on the approval of the ward’s confinement not required |
| BVerfGE 65, 325-359 | Order of 6 December 1983 | 2 BvR 1275/79 | Secondary residence tax |
| BVerfGE 65, 359-377 | Judgment of 6 December 1983 | 2 BvL 1/82 | On the validity of provisions under Land law concerning the ability to involve legal persons subject to state supervision under public law in bankruptcy proceedings (Medical Association of the Land Hesse) |
| BVerfGE 65, 377-387 | Order of 7 December 1983 | 2 BvR 282/80 | Circumstance justifying the punishment of the offender for a more serious offence occurring after the conclusion of summary penal order proceedings |
Volume 64
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 64, 1-46 | Order of 12 April 1983 | 2 BvR 678/81, 2 BvR 679/81, 2 BvR 680/81 inter alia | On the immunity of a company with legal capacity that is owned by a foreign state in regard to compulsory enforcement measures (National Iranian Oil Company) |
| BVerfGE 64, 46-67 | Order of 13 April 1983 | 1 BvR 866/82, 1 BvR 890/82 | Significance of subsequent recognition as a person granted asylum status in extradition proceedings |
| BVerfGE 64, 67-72 | Judgment of 13 April 1983 | 1 BvR 209/83, 1 BvR 269/83 | Preliminary injunction; suspension of the 1983 census |
| BVerfGE 64, 72-86 | Order of 4 May 1983 | 1 BvL 46/80, 1 BvL 47/80 | No duty to expressly specify affected fundamental rights within the meaning of Article 19(1) second sentence of the Basic Law in the case of laws with inherent regulatory effects on occupations (expiry at age 70 of the recognition as a test engineer for structural design – Schleswig-Holstein –) |
| BVerfGE 64, 87-107 | Order of 10 May 1983 | 1 BvR 820/79 | Postponement of date of adjustment and change in the adjustment rate of pensions paid under the public pension insurance fund under the 21st Pension Adjustment Act |
| BVerfGE 64, 108-120 | Order of 10 May 1983 | 1 BvR 385/82 | Right of members of the press to refuse to give evidence about the holder a box number used in advertisement |
| BVerfGE 64, 120-125 | Order of 10 May 1983 | 1 BvR 580/83, 1 BvR 604/83, 1 BvR 605/83 inter alia | Preliminary injunction; admission to veterinary medicine studies (exhaustive utilisation of existing training capacities) |
| BVerfGE 64, 125-134 | Order of 11 May 1983 | 1 BvR 1650/82 | Permissibility of an extradition to Turkey |
| BVerfGE 64, 135-157 | Order of 17 May 1983 | 2 BvR 731/80 | No entitlement of a foreigner (Turkish citizen) defended by a lawyer to a translation of a written criminal judgment into a language they understand for the purposes of their stating reasons in an appeal on points of law |
| BVerfGE 64, 158-175 | Order of 17 May 1983 | 2 BvL 8/82 | Modification of the length-of-service bonus for police officers in the Federal Border Police |
| BVerfGE 64, 175-180 | Order of 31 May 1983 | 1 BvL 34/79 | Transfer of the implementation of pension sharing to the family courts |
| BVerfGE 64, 180-192 | Order of 31 May 1983 | 1 BvL 11/80 | Granting non-custodial parent the right to personal contact with their child after divorce |
| BVerfGE 64, 192-203 | Order of 31 May 1983 | 1 BvL 13/82, 1 BvL 14/82 | Requirements pertaining to the presentation of the facts as a prerequisite for admissibility of an order of referral (withdrawal of self-employed person who voluntarily joined the public pension insurance fund from insurance scheme) |
| BVerfGE 64, 203-208 | Order of 14 June 1983 | 1 BvR 545/82 | Violation of the right to be heard (opportunity to submit a statement in written proceedings) |
| BVerfGE 64, 208-216 | Judgment of 14 June 1983 | 2 BvR 488/80 | Constitutional limits of a dynamic reference to collective agreements in a law (cash settlement of former miner’s claim to receive free coal for use in his home) |
| BVerfGE 64, 217-224 | Judgment of 14 June 1983 | 2 BvL 11/82 | § 124b of the Trade Regulation Code as pre-constitutional law (employer's claim for compensation for breach of contract by the employee) |
| BVerfGE 64, 224-229 | Order of 14 June 1983 | 2 BvR 1780/82 | Violation of the right to be heard (compliance of court with self-imposed time limit for the submission of written observations) |
| BVerfGE 64, 229-242 | Judgment of 15 June 1983 | 1 BvR 1025/79 | No favouring of savings banks over private banks in regard to land register inspection |
| BVerfGE 64, 243-251 | Order of 28 June 1983 | 1 BvL 20/79 | Exclusion of severely disabled persons entitled to an additional nursing allowance from being paid a special child allowance for a foster child |
| BVerfGE 64, 251-256 | Judgment of 28 June 1983 | 1 BvL 31/82 | Requirements pertaining to the substantiation of the legal provision being essential to the initial proceedings as a prerequisite for admissibility of an order of referral (exemption from punishment in the case of voluntary disclosure of tax evasion) |
| BVerfGE 64, 256-261 | Order of 28 June 1983 | 1 BvR 525/82 | Significance of the fundamental freedom of broadcasting for labour court decisions regarding status of employees of a broadcasting organisation |
| BVerfGE 64, 261-301 | Order of 28 June 1983 | 2 BvR 539/80, 2 BvR 612/80 | Consideration of particularly aggravated guilt of the crimes committed when deciding on prison leave for prisoner sentenced to life imprisonment |
| BVerfGE 64, 301-323 | Order of 29 June 1983 | 2 BvR 1546/79 | Inadmissibility of constitutional complaint lodged by a member of the Landtag of Baden-Württemberg challenging the design of his entitlement to adequate remuneration and pension under the Members of the Landtag Act |
| BVerfGE 64, 323-366 | Judgment of 29 June 1983 | 2 BvR 720/79, 2 BvR 725/79, 2 BvR 742/79 inter alia | Incompatibility with Article 33(5) of the Basic Law of the official title of ’professor’ without differentiation for professors in the C 4 and C 3 remuneration grades at academic institutions of higher education |
| BVerfGE 64, 367-388 | Judgment of 5 July 1983 | 2 BvR 460/80 | Transition of senior teachers at schools for special needs, specialised senior teachers and senior teachers for technical subjects to their posts of entry in the career structure under the new remuneration law (Baden-Württemberg) |
| BVerfGE 64, 389-397 | Judgment of 5 July 1983 | 2 BvR 200/81 | Nulla poena sine lege (interpretation of the provisions on the possession of firearms in connection with the entry into force of the new Weapons Act) |
Volume 63
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 63, 1-44 | Order of 12 January 1983 | 2 BvL 23/81 | Entrustment of the Bayerische Versicherungskammer with the management of the Pension Fund for the German District Chimney Sweepers |
| BVerfGE 63, 45-73 | Order of 12 January 1983 | 2 BvR 864/81 | Submission to the court of ’trace files’ (with offence-related investigations against third parties and their conclusions) created outside investigations against a person charged with a criminal offence only if they are significant for establishing the offence with which the person is charged and any legal consequences to be imposed |
| BVerfGE 63, 73-76 | Judgment of 12 January 1983 | 2 BvQ 3/82, 2 BvR 1811/82 | No early hearing of electoral scrutiny proceedings upon the application of an eligible voter |
| BVerfGE 63, 77-80 | Judgment of 12 January 1983 | 2 BvR 964/82 | On the subsidiarity of the constitutional complaint when a violation of the right to one’s lawful judge is challenged |
| BVerfGE 63, 80-88 | Order of 26 January 1983 | 1 BvR 614/80 | Violation of the right to be heard (procedural law relating to the inheritance of farms) |
| BVerfGE 63, 88-119 | Order of 27 January 1983 | 1 BvR 1008/79, 1 BvR 1091/81, 1 BvR 322/80 | Order that in cases set out in § 1587b(3) first sentence first half-sentence of the Civil Code (workplace pension schemes, including supplementary pensions in public service, occupational pension schemes, pension schemes for members of Parliament, old-age insurance scheme for farmers), pension sharing is to take place without exception through contributions, is void |
| BVerfGE 63, 119-131 | Order of 8 February 1983 | 1 BvL 28/79 | Disregarding compulsory contributions to public pension insurance fund paid – during periods of absence that are to be taken into account – for the purpose of granting a higher pension |
| BVerfGE 63, 131-148 | Order of 8 February 1983 | 1 BvL 20/81 | Referral from a court pursuant to Article 100(1) of the Basic Law in preliminary injunction proceedings; time limit for requesting a right of reply in relation to radio and TV programmes |
| BVerfGE 63, 148-152 | Order of 9 February 1983 | 1 BvR 290/78 | Hearing of organs of the Federation or the Länder and other entities by the Federal Constitutional Court as preparatory measures for the collection of material in constitutional complaint proceedings; evidence fee for lawyers only if files or documents are produced by the Senate |
| BVerfGE 63, 152-177 | Order of 9 February 1983 | 1 BvL 8/80, 1 BvL 16/81, 1 BvR 257/80 inter alia | Exclusion of civil servants from the benefits of the public pension insurance fund for medical rehabilitation |
| BVerfGE 63, 177-180 | Order of 22 February 1983 | 1 BvR 537/82 | Constitutional complaint not admitted for decision by the Senate (rejection as late submission in appeal proceedings on points of fact and law) |
| BVerfGE 63, 181-196 | Order of 22 February 1983 | 1 BvL 17/81 | Adoption of law of husband's state of citizenship for assessing the relevant matrimonial property regime under private international law (Art. 15 of the Introductory Act to the Civil Code); prerequisites for legislator’s intent to include a pre-constitutional provision |
| BVerfGE 63, 197-215 | Order of 23 February 1983 | 1 BvR 990/82 | In extradition proceedings with Turkey, general assurance of speciality [under Art. 14 of European Convention on Extradition] is currently insufficient to rule out the risk of political persecution |
| BVerfGE 63, 215-229 | Order of 23 February 1983 | 1 BvR 1019/82 | In extradition proceedings, Higher Regional Court must perform a comprehensive review as to whether the person concerned is at risk of political persecution in the event of extradition (to Turkey) |
| BVerfGE 63, 230-250 | Order of 23 February 1983 | 2 BvR 1765/82 | Federal Government’s public relations activities before Bundestag elections (1983 Bundestag election) |
| BVerfGE 63, 251-253 | Order of 24 February 1983 | 2 BvR 323/83 | Constitutional complaint not admitted for decision by the Senate (allocation of airtime for election advertising) |
| BVerfGE 63, 254-255 | Order of 28 February 1983 | 2 BvR 348/83 | Preliminary injunction (allocation of airtime for election advertising by political parties before the 1983 Bundestag elections) |
| BVerfGE 63, 255-266 | Order of 8 March 1983 | 1 BvL 21/80 | Failure to consider the maintenance obligation of an unmarried employee towards a child not living in his household when assessing unemployment benefits |
| BVerfGE 63, 266-312 | Order of 8 March 1983 3 | 1 BvR 1078/80 | Denial of bar admission; no consideration to the disadvantage of applicant for his active advocacy on behalf of a party regarded as anti-constitutional if, in so doing, he does not combat the free democratic basic order in a punishable mannerg |
| BVerfGE 63, 312-332 | Order of 8 March 1983 | 2 BvL 27/81 | Substitute inheritance tax for family foundations |
| BVerfGE 63, 332-339 | Order of 9 March 1983 | 2 BvR 315/83 | Preliminary injunction: Extradition after conviction in absentia in Italian proceedings |
| BVerfGE 63, 340-343 | Order of 22 March 1983 | 1 BvR 154/82 | Constitutional complaint not admitted for decision by the Senate; failure to ask individual who is to be confined in a psychiatric institution for self-protection due to alcoholism to provide name of a trusted person |
| BVerfGE 63, 343-380 | Order of 22 March 19833 | 2 BvR 475/78 | Treaty on mutual legal assistance between the Federal Republic of Germany and the Republic of Austria regarding legal and administrative assistance in matters relating to customs, taxes on consumption and monopolies |
| BVerfGE 63, 380-395 | Order of 12 April 1983 | 2 BvR 1304/80, 2 BvR 432/81 | No obligation to appoint lawyer for private defendant in proceedings upon application for private prosecution simply because the private prosecutor is represented by a lawyer |
Volume 62
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 62, 1-64 | Judgment of 16 February 1983 | 2 BvE 1/83, 2 BvE 2/83, 2 BvE 3/83, 2 BvE 4/83 | Dissolution of the Bundestag by the Federal President pursuant to Art. 68 of the Basic Law when motion by the Federal Chancellor for a vote of confidence is not carried |
| BVerfGE 62, 64-70 | Judgment of 16 February 1983 | 2 BvE 1/83, 2 BvE 2/83, 2 BvE 3/83, 2 BvE 4/83 | Dissenting opinion of Vice-President Zeidler |
| BVerfGE 62, 70-108 | Judgment of 16 February 1983 | 2 BvE 1/83, 2 BvE 2/83, 2 BvE 3/83, 2 BvE 4/83 | Dissenting opinion of Justice Dr. Rinck |
| BVerfGE 62, 108-117 | Judgment of 16 February 1983 | 2 BvE 1/83, 2 BvE 2/83, 2 BvE 3/83, 2 BvE 4/83 | Dissenting opinion of Justice Dr. Rottmann |
| BVerfGE 62, 117-168 | Order of 3 November 1982 | 1 BvR 900/78, 1 BvR 851/80, 1 BvR 1495/80 inter alia | Making it more difficult to add a second area of university studies; application of new statutory framework to graduates of universities of applied sciences, partial voidness of the new statutory framework under the aspect of the protection of legitimate expectations |
| BVerfGE 62, 169-189 | Judgment of 3 November 1982 | 1 BvR 210/79 | Freezing of bank accounts held by residents of the GDR in the Federal Republic of Germany |
| BVerfGE 62, 189-194 | Order of 3 November 1982 | 1 BvR 710/82 | Violation of the prohibition of arbitrariness by a court decision (arbitrary method of calculating the allocation of costs according to quotas in the initial proceedings) |
| BVerfGE 62, 194-203 | Order of 3 November 1982 | 2 BvH 3/80 | No entitlement of an individual member of Parliament to a certain amount of funds allocated to a parliamentary group or to the distribution criteria of these funds set by the legislator deciding on budgetary matters |
| BVerfGE 62, 203-216 | Order of 3 November 1982 | 2 BvL 28/81 | Authorisation of the Federal Government to enact provisions on the conduct of the tax consultant examination |
| BVerfGE 62, 216-223 | Order of 3 November 1982 | 2 BvR 1145/81 | Violation of the right to be heard in reinstatement proceedings (delay in the timely receipt of a brief when the mail had been collected by the judicial authorities) |
| BVerfGE 62, 223-230 | Order of 4 November 1982 | 2 BvL 24/81 | Admissibility of a referral from a court pursuant to Article 100(1) of the Basic Law (applicability of the [turnover] tax rate for own consumption on economic goods ordered after the decision of the Bundestag investment tax but before its entry into force) |
| BVerfGE 62, 230-248 | Order of 15 November 1982 | 1 BvR 108/80, 1 BvR 438/80, 1 BvR 437/80 | Call for boycott measures in a press organ (trade information service) for competitive purposes (boycott against manufacturers supplying consumer markets) |
| BVerfGE 62, 249-256 | Judgment of 15 November 1982 | 1 BvR 585/80 | Violation of the right to be heard by the incorrect application of provisions governing the exclusion of certain rights or legal acts |
| BVerfGE 62, 256-289 | Order of 16 November 1982 | 1 BvL 16/75, 1 BvL 36/79 | Different calculation of the length of employment for blue-collar and white-collar employees as a prerequisite for the extension of the notice period |
| BVerfGE 62, 2889-294 | Order of 16 November 1982 | 1 BvL 16/75, 1 BvL 36/79 | Dissenting opinion of Justice Dr. Katzenstein |
| BVerfGE 62, 295-320 | Order of 23 November 1982 | 2 BvH 1/79 | Agreement on the apportionment of assets and liabilities between the former state of Waldeck-Pyrmont and its princely house does not belong to the sphere of constitutional law |
| BVerfGE 62, 320-323 | Judgment of 23 November 1982 | 2 BvR 1008/82 | Violation of the right to be heard (decision on reinstatement regarding the time limit for bringing an appeal on points of fact and law without hearing from the respondent) |
| BVerfGE 62, 323-333 | Order of 30 November 1982 | 1 BvR 818/81 | Granting of a widow's pension from the German workers' pension insurance in the case of a marriage that is valid under English law but formally invalid under German law (limping marriage) |
| BVerfGE 62, 334-338 | Judgment of 1 December 1982 | 1 BvR 607/82 | Violation of the right to be heard (citizens’ reliance on the official notice of regular postal delivery times) |
| BVerfGE 62, 338-347 | Judgment of 7 December 1982 | 2 BvR 900/82 | Defence lawyers’ right to access to extracts from the register of convictions in their clients’ criminal files |
| BVerfGE 62, 347-354 | Judgment of 7 December 1982 | 2 BvR 1118/82 | Violation of the right to be heard (non-availability to the Regional Court and the Higher Regional Court of a brief by an authorised representative) |
| BVerfGE 62, 354-374 | Order of 8 December 1982 | 2 BvL 12/79 | Legislative competence of the Federation to ensure the entitlement of Bundeswehr soldiers, civilian personnel and other groups of public service staff of the Federation and the Länder to medical care insurance through the associations of public health insurance affiliated physicians and for establishing limits on remuneration |
| BVerfGE 62, 374-391 | Judgment of 14 December 1982 | 2 BvR 1261/79 | Official title of state-school teachers in the Land Bremen (’Teacher at state schools’ – Lehrer für das Lehramt an öffentlichen Schulen) |
| BVerfGE 62, 392-397 | Judgment of 14 December 1982 | 2 BvR 434/82 | Violation of the right to be heard (failure to forward the medical assessment report submitted by a respondent to the applicant) |
| BVerfGE 62, 397-399 | Judgment of 11 January 1983 | 2 BvQ 4/82 | No right on part of individual voter to compel measures to ensure that the German Bundestag is not dissolved before the end of the parliamentary term |
Volume 61
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 61, 1-13 | Judgment of 22 June 1982 | 1 BvR 1376/79 | Significance of the fundamental right to free expression for assessing disparaging statements about political parties made during election campaigns |
| BVerfGE 61, 14-18 | Judgment of 22 June 1982 | 1 BvR 56/82 | Violation of the right to be heard (hearing from the opposing party before a decision on an application for reinstatement into one’s former procedural position) |
| BVerfGE 61, 18-27 | Judgment of 23 June 1982 | 1 BvR 1343/81 | Aid under the Federal Social Assistance Act to cover the costs for the purchase of a motor vehicle to facilitate the care of a severely disabled minor |
| BVerfGE 61, 28-37 | Order of 6 July 1982 | 2 BvR 856/81 | Extradition arrest warrant issued against an Austrian sentenced in absentia to life imprisonment in Italy for an explosives attack |
| BVerfGE 61, 37-43 | Order of 7 July 1982 | 1 BvR 787/81 | Violation of the right to be heard (hearing from the defendant on a request for referral by the plaintiff; compliance by the court with a self-imposed time limit for the submission of written observations) |
| BVerfGE 61, 43-68 | Order of 7 July 1982 | 2 BvL 14/78, 2 BvL 2/79, 2 BvL 7/82 | Traditional principles of the career public service system; principle that public servants’ pensions are calculated on the basis of their remuneration in the last office held |
| BVerfGE 61, 68-75 | Order of 7 July 1982 | 2 BvR 1142/80 | Inapplicability of the municipal law ban on representation as a lawyer in proceedings against a municipality (Municipal Code of North Rhine-Westphalia) to a lawyer associated with a municipal councillor in a partnership |
| BVerfGE 61, 75-77 | Order of 7 July 1982 | 2 BvL 29/81 | Rechtspfleger (court staff with special legal training) do not have competence for referrals pursuant to Art. 100(1) of the Basic Law |
| BVerfGE 61, 78-81 | Order of 7 July 1982 | 2 BvR 340/81 | Admission of a legal remedy if it is possible – in compliance with the principle of the right to be heard – under a corresponding interpretation of procedural provisions (appeal on points of fact and law in the written procedure set out in the Code of Civil Procedure in the case of failure to consider a timely received statement of defence) |
| BVerfGE 61, 82-118 | Order of 8 July 1982 | 2 BvR 1187/8 | No property right arising from Art. 14(1) of the Basic Law for a municipality in respect of property not serving the purpose of fulfilling public tasks; one-month time limit to raise objections to the approval of a nuclear facility |
| BVerfGE 61, 119-123 | Order of 28 September 1982 | 2 BvR 125/82 | Violation of the right to be heard (as in proceedings 2 BvR 340/81 of 7 July 1982) |
| BVerfGE 61, 123-125 | Order of 28 September 1982 | 2 BvR 371/82 | Constitutional complaint not admitted for decision by the Senate (confinement in a psychiatric hospital under the Baden-Württemberg Confinement Act without the Local Court previously hearing from the person concerned) |
| BVerfGE 61, 126-138 | Order of 19 October 1982 | 1 BvL 34/80, 1 BvL 55/80 | Coercive detention to achieve the submission of an affidavit (§ 901 of the Code of Civil Procedure) |
| BVerfGE 61, 138-149 | Judgment of 19 October 1982 | 1 BvL 39/80 | Limitation of the payment of subsistence allowance for the theoretical part of vocational training promoted by the Employment Promotion Act |
| BVerfGE 61, 149-208 | Judgment of 19 October 1982 | 2 BvF 1/81 | State Liability Act; no competence of the Federation to enact legislation regarding state liability |
| BVerfGE 61, 208-209 | Order of 19 October 1982 | 2 BvR 1060/81 | Objection to a cost fixing order; unnecessary expenses incurred in the initial proceedings |
| BVerfGE 61, 210-259 | Order of 20 October 1982 | 1 BvR 1467/80 | Integrated comprehensive university; professors (without Habilitation) working exclusively in degree programmes of universities of applied sciences (Fachhochschulen) are not considered professors in the (substantive) sense in relation to scientific higher education institutions – in contrast to professors working in integrated degree programmes (on the basis of a qualification equivalent to Habilitation). |
| BVerfGE 61, 260-291 | Order of 20 October 1982 | 1 BvR 1470/80 | No decision by the Council of Academic Staff Members (Konvent) of a university (technical higher education institution) about issues directly affecting research and teaching; on the question of the admissibility of constitutional complaints directly challenging legislation about organisational structures in the higher education sector |
| BVerfGE 61, 291-319Judgment of 3 November 1982 | Judgment of 3 November 1982 | 1 BvL 4/78 | Ban on the possession, processing and distribution of live or dead birds of especially protected species; effects on the activities of taxidermists |
| BVerfGE 61, 319-357 | Judgment of 3 November 1982 2 | 1 BvR 620/78, 1 BvR 1335/78, 1 BvR 1104/79, 1 BvR 363/80 | No extension of the splitting of income tax between spouses to single persons with children; taking the reduced economic capacity of ’half families’ (widowed, divorced, separated or unmarried parents with at least one child) into account under income tax law |
| BVerfGE 61, 358-382 | Judgment of 3 November 1982 | 1 BvL 25/80, 1 BvL 38/80, 1 BvL 40/80, 1 BvL 12/81 | Violation of the right of parental care by excluding divorced parents' joint custody of their child despite their willingness and ability to continue sharing parental responsibility |
Volume 60
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 60, 1-7 | Order of 9 February 1982 | 1 BvR 1379/80 | Violation of the right to be heard (incorrect application of provisions governing the exclusion of certain rights or legal acts in civil proceedings) |
| BVerfGE 60, 7-16 | Order of 9 February 1982 | 1 BvR 191/81 | Violation of the right to be heard (no hearing of the other partners in an action for dissolution brought by one of the partners in a limited partnership (GmbH) against the limited partnership) |
| BVerfGE 60, 16-52 | Order of 9 February 1982 | 2 BvL 6/78, 2 BvL 8/79 | Retroactive granting of hardship compensation benefits under the Federal War Victims’ Pension Act for periods prior to the binding conclusion of the administrative procedure (§ 89(3) of the Federal War Victims’ Pension Act) |
| BVerfGE 60, 53-67 | Order of 9 February 1982 | 2 BvK 1/81 | No assertion of claims by political parties for participation in the Broadcasting Council of the North German Broadcasting Organisation (Norddeutscher Rundfunk) by way of Organstreit proceedings under Land constitutional law (Schleswig-Holstein) |
| BVerfGE 60, 68-79 | Order of 10 February 1982 | 1 BvL 116/78 | Disregard of periods of statutory maternity leave (with no employment relationship giving rise to the obligation to pay contributions) when calculating the qualifying periods for the receipt of unemployment benefits |
| BVerfGE 60, 79-95 | Order of 17 February 1982 | 1 BvR 188/80 | Separation of a child from its family even in the case of no-fault parental failure as the strongest interference in parental rights only when the principle of proportionality is strictly complied with |
| BVerfGE 60, 96-101 | Order of 2 March 1982 | 2 BvR 869/81 | Violation of the right to be heard (failure to consider a timely received statement of defence in written proceedings) |
| BVerfGE 60, 101-112 | Order of 3 March 1982 | 1 BvL 15/80 | Payment of health insurance contribution resulting from the fictitious (‘full wage’) pay for full work performance by building contractors to employees receiving bad-weather allowance |
| BVerfGE 60, 113-120 | Order of 16 March 1982 | 1 BvL 39/79 | Equal treatment of pensioners with an employment that makes them subject to mandatory insurance with other employees in the assessment of the funeral allowance (as opposed to funeral allowance for ’pensioners without employment’) |
| BVerfGE 60, 120-123 | Order of 16 March 1982 | 1 BvR 1336/81 | Violation of the right to be heard (failure to consider a timely received brief) |
| BVerfGE 60, 123-135 | Order of 16 March 1982 | 1 BvR 938/81 | Minimum age of 25 as a prerequisite for the change of a person’s original sex under civil status law despite gender reassignment surgery performed prior to reaching this age |
| BVerfGE 60, 135-161 | Order of 23 March 1982 | 2 BvL 13/79 | Validity of provisions under Land law on the bankruptcy capacity of legal persons under public law |
| BVerfGE 60, 162-175 | Order of 23 March 1982 | 2 BvL 1/81 | Quorum of signatures for election proposals for the election of the general staff council for the Land and the municipality of Bremen |
| BVerfGE 60, 175-215 | Order of 24 March 1982 | 2 BvH 1/82, 2 BvH 2/82, 2 BvR 233/82 | Rejection of application for the admission of the referendum ’No Western Take-off Runway’ by the Land Government of Hesse and the Court for State Matters of the Land Hesse |
| BVerfGE 60, 215-234 | Order of 20 April 1982 | 1 BvR 522/78 | Prohibition of a tax consultant's partnership with persons not belonging to the chamber of tax consultants; prohibition of advertising for tax consultants and use of professional titles not officially conferred |
| BVerfGE 60, 234-243 | Order of 20 April 1982 | 1 BvR 426/80 | Implications of the fundamental right of freedom of the press on the claim for injunctive relief under civil law due to disparaging criticism of a branch of trade (‘loan sharks’) |
| BVerfGE 60, 243-247 | Order of 20 April 1982 | 1 BvR 944/80 | No violation of the right to be heard if a brief is received within the time limit by a court without jurisdiction |
| BVerfGE 60, 247-250 | Order of 20 April 1982 | 1 BvR 1242/81 | Violation of the right to be heard (failure to consider evidence given by a witness) |
| BVerfGE 60, 250-252 | Order of 20 April 1982 | 1 BvR 1429/81 | Violation of the right to be heard (failure to consider relevant motions to hear evidence; selection from among various named witnesses) |
| BVerfGE 60, 253-305 | Order of 20 April 1982 | 2 BvL 26/81 | Attribution of fault on the part of the attorney of record in the case of reinstatement of a missed deadline in administrative court proceedings for recognition as a person entitled to asylum |
| BVerfGE 60, 305-313 | Order of 21 April 1982 | 2 BvR 810/81 | Violation of the requirement to be heard (exceptionally considering a global reference to submissions made in the court of first instance) |
| BVerfGE 60, 313-319 | Order of 21 April 1982 | 2 BvR 873/81 | Violation of the requirement to be heard (insufficient time to file a statement of defence) |
| BVerfGE 60, 319-328 | Order of 27 April 1982 | 2 BvH 1/81 | Right to file an application in public-law disputes within a Land (one's own rights or competences being ’directly affected’; application by the Bremer Grüne Liste group in the Bremen Parliament and by an individual member of this group against the Budget Act of the Free Hanseatic City of Bremen) |
| BVerfGE 60, 329-348 | Order of 4 May 1982 | 1 BvL 26/77, 1 BvL 66/78 | Approval by the family court of agreements on pension sharing made by the spouses in connection with the divorce |
| BVerfGE 60, 348-360 | Judgment of 4 May 1982 | 1 BvR 1457/81 | Significance of the right of asylum in extradition proceedings for the purpose of prosecution for intentional killing (extradition to Lebanon) |
| BVerfGE 60, 360-374 | Order of 18 May 1982 | 1 BvR 602/78 | Present affectedness as a prerequisite for the admission of a constitutional complaint directly challenging a law (tightening of access requirements for non-contributory membership in the public health insurance of possible ’future’ pensioners) |
| BVerfGE 60, 374-383 | Judgment of 8 June 1982 | 2 BvE 2/82 | ’Reprimand’ by the President of the Bundestag does not affect the status of a member of the Bundestag |