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Decisions published in the Official Digest (BVerfGE)
Volume 119
Decisions
| BVerfGE 119, 1-37 | Order of 3 June 2007 | 1 BvR 1783/05 | Limits to freedom of the arts – the novel “Esra” |
| BVerfGE 119, 37-48 | Order of 3 June 2007 | 1 BvR 1783/05 | Dissenting opinion of Justices Hohmann-Dennhardt and Gaier |
| BVerfGE 119, 48-59 | Order of 3 June 2007 | 1 BvR 1783/05 | Dissenting opinion of Justice Hoffmann-Riem |
| BVerfGE 119, 59-96 | Order of 3 July 2007 | 1 BvR 2186/06 | The 2006 Act on Horseshoeing is partially incompatible with Art. 12(1) of the Basic Law |
| BVerfGE 119, 96-155 | Judgment of 9 July 2007 | 2 BvF 1/04 | Interpretation of Arts. 110 and 115 of the Basic Law; here: 2004 Budget Act is compatible with the Basic Law |
| BVerfGE 119, 155-174 | Judgment of 9 July 2007 | 2 BvF 1/04 | Dissenting opinion of Justices Di Fabio and Mellinghoff |
| BVerfGE 119, 174-180 | Judgment of 9 July 2007 | 2 BvF 1/04 | Dissenting opinion of Justice Landau |
| BVerfGE 119, 181-246 | Judgment of 11 September 2007 | 1 BvR 2270/05, 1 BvR 809/06, 1 BvR 830/06 | Constitutional requirements for determining the public broadcasting fee |
| BVerfGE 119, 247-279 | Order of 19 September 2007 | 2 BvF 3/02 | Mandatory part-time employment for civil servants is incompatible with Art. 33(5) of the Basic Law |
| BVerfGE 119, 279-292 | Order of 19 September 2007 | 2 BvF 3/02 | Dissenting opinion of Justice Gerhardt |
| BVerfGE 119, 292-302 | Order of 23 October 2007 | 1 BvR 782/07 | Admissible complaint seeking remedy for a court’s violation of the right to be heard following the rejection of an application to challenge a judge |
| BVerfGE 119, 302-309 | Order of 27 November 2007 | 2 BvK 1/03 | Inadmissible application in Organstreit proceedings pursuant to Art. 99 of the Basic Law and § 13 no. 10 of the Federal Constitutional Court Act |
| BVerfGE 119, 309-330 | Order of 19 December 2007 | 1 BvR 620/07 | On the permissibility of filming in the courtroom before and after a criminal trial hearing |
| BVerfGE 119, 331-386 | Judgment of 20 December 2007 | 2 BvR 2433/04, 2 BvR 2434/04 | The allocation of tasks under § 6(1) no. 2 and the financing arrangement under § 46(1), (5) to (10) of the Second Book of the Code of Social Law are unconstitutional; working groups consisting of employment agencies and municipal providers of services for the unemployed (§ 44b of the Second Book of the Code of Social Law) are incompatible with Art. 28(2) first and second sentence in conjunction with Art. 83 of the Basic Law |
| BVerfGE 119, 386-394 | Judgment of 20 December 2007 | 2 BvR 2433/04, 2 BvR 2434/04 | Dissenting opinion of Justices Broß, Osterloh and Gerhardt |
| BVerfGE 119, 394-419 | Order of 15 January 2008 | 2 BvF 4/05 | § 19(1) of the Reich Assets Act is compatible with Art. 134(3) and (4) of the Basic Law and the requirement of equal treatment in the federal order (Art. 20(1) in conjunction with Art. 3(1) of the Basic Law) |
Volume 118
Decisions
| BVerfGE 118, 1-29 | Order of 13 February 2007 | 1 BvR 910/05, 1 BvR 1389/05 | Capping lawyers’ fees based on the amount in dispute pursuant to the Lawyer Remuneration Act is constitutional |
| BVerfGE 118, 29-45 | Order of 13 February 2007 | 1 BvR 910/05, 1 BvR 1389/05 | Dissenting opinion of Justice Gaier |
| BVerfGE 118, 45-79 | Order of 28 February 2007 | 1 BvL 9/04 | Calculating maintenance claims differently for the care of children born within and outside of marriage (§§ 1570, 1615 I(2) third sentence of the Civil Code) is incompatible with Art. 6(5) of the Basic Law |
| BVerfGE 118, 79-111 | Order of 13 March 2007 | 1 BvF 1/05 | On the domestic implementation of EU directives; here: § 12 of the Act on National Allocation of Emission Allowances in the 2005 to 2007 allocation period |
| BVerfGE 118, 111-124 | Order of 29 March 2007 | 2 BvE 2/07 | Participation of German armed forces in the Afghanistan mission (ISAF); here: preliminary injunction |
| BVerfGE 118, 124-146 | Order of 8 May 2007 | 2 BvM 1/03, 2 BvM 2/03, 2 BvM 3/03 inter alia | No general rule of international law is ascertainable according to which payment claims under private law can be refused due to an economic state of emergency |
| BVerfGE 118, 146-167 | Order of 8 May 2007 | 2 BvM 1/03, 2 BvM 2/03, 2 BvM 3/03 inter alia | Dissenting opinion of Justice Lübbe-Wolff |
| BVerfGE 118, 168-211 | Order of 13 June 2007 | 1 BvR 1550/03, 1 BvR 2357/04, 1 BvR 603/05 | Automated requests for account master data are partially unconstitutional |
| BVerfGE 118, 212-244 | Order of 14 June 2007 | 2 BvR 1447/05, 2 BvR 136/05 | On the options and limitations facing an appellate court when reaching a decision in respect of legal consequences on the basis of § 354(1a) first sentence of the Code of Criminal Procedure |
| BVerfGE 118, 244-276 | Judgment of 3 July 2007 | 2 BvE 2/07 | Participation of German armed forces in the ISAF mission in Afghanistan |
| BVerfGE 118, 277-401 | Judgment of 4 July 2007 | 2 BvE 1/06, 2 BvE 2/06, 2 BvE 3/06, 2 BvE 4/06 | Organstreit proceedings regarding the constitutional status of members of the German Bundestag (decision pursuant to § 15(4) third sentence of the Federal Constitutional Court Act) |
Volume 117
Decisions
| BVerfGE 117, 1-70 | Order of 7 November 2006 | 1 BvL 10/02 | § 19(1) of the Inheritance Tax Act is in part incompatible with Art. 3(1) of the Basic Law |
| BVerfGE 117, 71-126 | Order of 8 November 2006 | 2 BvR 578/02, 2 BvR 796/02 | Conditional early release from a sentence of life imprisonment: § 57a(1) first sentence no. 3 in conjunction with § 57(1) first sentence no. 2 of the Criminal Code is compatible with the Basic Law |
| BVerfGE 117, 126-141 | Order of 5 December 2006 | 1 BvR 2186/06 | Constitutional complaint regarding the Act on Horseshoeing; here: preliminary injunction |
| BVerfGE 117, 141-163 | Order of 6 December 2006 | 2 BvM 9/03 | Decision regarding the requirements for waiving diplomatic immunity |
| BVerfGE 117, 163-202 | Order of 12 December 2006 | 1 BvR 2576/04 | Prohibition of contingency fees for lawyers in the form of a pactum de quota litis |
| BVerfGE 117, 202-244 | Judgment of 13 February 2007 | 1 BvR 421/05 | On the right of a child’s legal father to test his paternity; the legislator is obliged to provide for a suitable procedure |
| BVerfGE 117, 244-272 | Judgment of 27 February 2007 | 1 BvR 538/06, 1 BvR 2045/06 | Search and seizure in the editorial offices of a magazine (CICERO case) |
| BVerfGE 117, 272-302 | Order of 27 February 2007 | 1 BvL 10/00 | On the question of whether the reassessment of early-career pension contributions in the 1996 Growth and Employment Promotion Act is constitutionalOn the question of whether the reassessment of early-career pension contributions in the 1996 Growth and Employment Promotion Act is constitutional |
| BVerfGE 117, 302-316 | Order of 27 February 2007 | 1 BvR 1982/01 | On the continued applicability of administrative decisions of the former GDR after German reunification (Art. 19 of the Unification Treaty) |
| BVerfGE 117, 316-330 | Judgment of 28 February 2007 | 1 BvL 5/03 | Referral regarding the restriction to married couples of medical measures to induce pregnancy |
| BVerfGE 117, 330-356 | Judgment of 6 March 2007 | 2 BvR 556/04 | On the question whether the legislator is obliged to offset regional differences in the cost of living (“cost-of-living allowance”) |
| BVerfGE 117, 357-359 | Order of 8 March 2007 | 2 BvM 6/03, 2 BvM 7/03, 2 BvM 8/03 | Decision pursuant to Art. 100(2) of the Basic Law, here: proceedings have become moot |
| BVerfGE 117, 359-372 | Order of 12 March 2007 | 2 BvE 1/07 | Participation of German armed forces in the ISAF mission in Afghanistan; here: rejection of the application for preliminary injunction |
| BVerfGE 117, 372-392 | Order of 20 March 2007 | 2 BvL 11/04 | The rule under § 5(3) first sentence, first half-sentence of the Act Governing Civil Servants’ Pensions and Benefits requiring civil servants to have spent at least 3 years in a pay bracket before it affects their pension is incompatible with the Basic Law |
| BVerfGE 117, 392-404 | Order of 20 March 2007 | 2 BvL 11/04 | Dissenting opinion of Justices Osterloh and Gerhardt |
Volume 116
Decisions
| BVerfGE 116, 1-23 | Order of 23 May 2006 | 1 BvR 2530/04 | Legal position and legal protection of an unsuccessful candidate for the office of insolvency administrator |
| BVerfGE 116, 24-69 | Judgment of 24 May 2006 | 2 BvR 669/04 | Revocation of naturalisation obtained by deception |
| BVerfGE 116, 69-95 | Judgment of 31 May 2006 | 2 BvR 1673/04, 2 BvR 2402/04 | Juvenile detention measures require a statutory basis |
| BVerfGE 116, 96-135 | Order of 13 June 2006 | 1 BvL 9/00, 1 BvL 11/00, 1 BvL 12/00, u.a. | Pension expectancies based on the Foreign Pensions Act are not protected by Art. 14(1) of the Basic Law; if pension entitlements are reduced, a transitional arrangement is necessary to protect the legitimate expectations of persons nearing retirement age |
| BVerfGE 116, 135-163 | Order of 13 June 2006 | 1 BvR 1160/03 | Limitation of primary legal protection in public procurement law |
| BVerfGE 116, 164-202 | Order of 21 June 2006 | 2 BvL 2/99 | Capping the income tax rate for certain types of commercial income between 1994 and 2000 pursuant to § 32c of the Income Tax Act was constitutional |
| BVerfGE 116, 202-228 | Order of 11 July 2006 | 1 BvL 4/00 | § 1(1) second sentence of the Berlin Public Procurement Act, which makes the awarding of public contracts contingent upon declarations that workers’ pay is based on collective agreements, is compatible with the Basic Law and federal law; if the legal situation regarding the applicability of EU law or constitutional law is disputed, there is no established hierarchy of interim proceedings pursuant to Art. 234(2) and (3) of the Treaty establishing the European Community or pursuant to Art. 100(1) of the Basic Law |
| BVerfGE 116, 229-242 | Order of 11 July 2006 | 1 BvR 293/05 | § 7(1) first sentence of the Asylum Seekers Benefits Act (obliging asylum seekers to use damages awarded for personal suffering to cover their cost of living prior to being eligible for benefits) is incompatible with Art. 3(1) of the Basic Law |
| BVerfGE 116, 243-270 | Order of 18 July 2006 | 1 BvL 1/04, 1 BvL 12/04 | Exclusion of transsexual foreigners who are habitually resident in Germany from applying for a change of their first name and of their official gender identity |
| BVerfGE 116, 271-327 | Judgment of 17 October 2006 | 2 BvG 1/04, 2 BvG 2/04 | On the interpretation of Art. 104a(5) first sentence, second half-sentence of the Basic Law in cases where the EU imposes charges for the market intervention expenditure of the European Agricultural Guidance and Guarantee Fund |
| BVerfGE 116, 327-412 | Judgment of 19 October 2006 | 2 BvF 3/03 | Requirements for classifying a Land’s financial situation as a severe budgetary crisis; decision regarding the interpretation of Art. 107(2) third sentence of the Basic Law in conjunction with the principle of federalism |
Volume 115
Decisions
| BVerfGE 115, 1-25 | Order of 6 December 2005 | 1 BvL 3/03 | On a homosexual transsexual’s right to their own name upon getting married: § 7(1) no. 3 of the Transsexuals Act is incompatible with Art. 2(1) in conjunction with Art. 1(1) of the Basic Law |
| BVerfGE 115, 25-51 | Order of 6 December 2005 | 1 BvR 347/98 | On the obligation of statutory health insurance to cover so-called novel treatments in cases involving life-threatening illnesses for which no generally recognised treatment is available |
| BVerfGE 115, 51-72 | Order of 6 December 2005 | 1 BvR 1905/02 | On the application by analogy of § 79(2) third sentence of the Federal Constitutional Court Act to non-appealable decisions based on what the Federal Constitutional Court has deemed to be an unconstitutional interpretation or application of a legal provision (following BVerfGE 89, 214) |
| BVerfGE 115, 72-81 | Order of 6 December 2005 | 1 BvR 1905/02 | Dissenting opinion of Justice Haas |
| BVerfGE 115, 81-97 | Order of 17 January 2006 | 1 BvR 541/02, 1 BvR 542/02 | On the constitutional requirements for effective legal protection (Art. 19(4) of the Basic Law) against ordinances |
| BVerfGE 115, 97-118 | Order of 18 January 2006 | 2 BvR 2194/99 | On the question of whether Art. 14(2) second sentence of the Basic Law and the principle of proportionality give rise to a prohibition of excessive taxation and whether the so-called 50% principle sets an upper limit to income and trade tax |
| BVerfGE 115, 118-166 | Judgment of 15 February 2006 | 1 BvR 357/05 | § 14(3) of the Aviation Security Act is incompatible with Art. 2(1) in conjunction with Art. 87a(2) and Art. 35(2) and (3) and in conjunction with Art. 1(1) of the Basic Law and void |
| BVerfGE 115, 166-204 | Judgment of 2 March 2006 | 2 BvR 2099/04 | Searches to investigate communications traffic data on a computer and mobile phone are incompatible with Art. 13(1) and (2) and Art. 2(1) of the Basic Law – delimiting the scope of protection of Art. 10(1) of the Basic Law |
| BVerfGE 115, 205-250 | Order of 14 March 2006 | 1 BvR 2087/03, 1 BvR 2111/03 | On the extent to which Art. 12(1) of the Basic Law protects business or trade secrets and guarantees effective legal protection in the context of administrative court proceedings concerning the approval of a fee charged by a market-dominant business for third-party access to its telecommunications network |
| BVerfGE 115, 250-259 | Order of 14 March 2006 | 1 BvR 2087/03, 1 BvR 2111/03 | Dissenting opinion of Justice Gaier |
| BVerfGE 115, 259-276 | Order of 28 March 2006 | 1 BvL 10/01 | Employment promotion law applicable from 1998 to 2002 regarding maternity protection and eligibility for unemployment benefits is incompatible with Art. 6(4) of the Basic Law |
| BVerfGE 115, 276-320 | Judgment of 28 March 2006 | 1 BvR 1054/01 | On the question of whether a state monopoly on sports betting is compatible with Art. 12(1) of the Basic Law |
| BVerfGE 115, 320-371 | Order of 4 April 2006 | 1 BvR 518/02 | On the question of whether preventive electronic profiling by the police is compatible with the fundamental right to informational self-determination (Art. 2(1) in conjunction with Art. 1(1) of the Basic Law) |
| BVerfGE 115, 371-381 | Order of 4 April 2006 | 1 BvR 518/02 | Dissenting opinion of Justice Haas |
| BVerfGE 115, 381-394 | Order of 23 May 2006 | 1 BvR 1484/99 | On the constitutionality of the court fees payable for long-term curatorships pursuant to § 92(2) in conjunction with § 92(1) of the Act on Costs in Matters of Non-Contentious Jurisdiction |
| BVerfGE 115, 394-395 | Order of 23 May 2006 | 2 BvF 1/98 |
Volume 114
Decisions
| BVerfGE 114, 1-72 | Judgment of 26 July 2005 | 1 BvR 782/94, 1 BvR 957/96 | The legislator’s duties of protection (Art. 2(1) and Art. 14(1) of the Basic Law) vis-à-vis policyholders when life insurance policies are transferred to another company |
| BVerfGE 114, 73-104 | Judgment of 26 July 2005 | 1 BvR 80/95 | On the legislator’s duties of protection following from Art. 2(1) and Art. 14(1) of the Basic Law with regard to with-profits life insurance policies |
| BVerfGE 114, 105-106 | Order of 8 August 2005 | 2 BvE 4/05 | On the permissibility of political parties not represented in the Bundestag joining Organstreit proceedings brought by members of the Bundestag against the Federal President due to dissolution of the Bundestag pursuant to Art. 68 of the Basic Law |
| BVerfGE 114, 107-121 | Order of 23 August 2005 | 2 BvE 5/05 | Rejection of an application in Organstreit proceedings challenging the Federal President’s decision to dissolve the 15th German Bundestag based on the applicant’s claim that its equal opportunities were impaired by the obligation to obtain supporting signatures |
| BVerfGE 114, 121-170 | Judgment of 25 August 2005 | 2 BvE 4/05, 2 BvE 7/05 | Dissolution of the German Bundestag by the Federal President pursuant to Art. 68 of the Basic Law when a motion of the Federal Chancellor for a vote of confidence is not carried |
| BVerfGE 114, 170-182 | Judgment of 25 August 2005 | 2 BvE 4/05, 2 BvE 7/05 | Dissenting opinion of Justice Jentsch |
| BVerfGE 114, 182-195 | Judgment of 25 August 2005 | 2 BvE 4/05, 2 BvE 7/05 | Dissenting opinion of Justice Lübbe-Wolff |
| BVerfGE 114, 196-250 | Order of 13 September 2005 | 2 BvF 2/03 | On the constitutionality of the Act to Stabilise Health Insurance Contributions of 23 December 2002 (scope of the requirement of Bundesrat consent pursuant to Art. 84(1) of the Basic Law and constitutional assessments of ordinance-amending acts) |
| BVerfGE 114, 250-257 | Order of 13 September 2005 | 2 BvF 2/03 | Dissenting opinion of Justices Osterloh and Gerhardt |
| BVerfGE 114, 258-302 | Jugdment of 27 September 2005 | 2 BvR 1387/02 | On whether the reduction of civil servant pensions effected by the 2001 Pension Amendment Act is compatible with the Basic Law |
| BVerfGE 114, 303-316 | Order of 27 September 2005 | 2 BvL 11/02, 2 BvL 12/03, 2 BvL 13/02 | Inadmissible referral concerning a cost-cutting measure for civil servants’ health care in North Rhine-Westphalia |
| BVerfGE 114, 316-338 | Order of 11 October 2005 | 1 BvR 1232/00, 1 BvR 2627/03 | Levying secondary residence tax on second homes held for work by married persons is incompatible with Art. 6(1) of the Basic Law |
| BVerfGE 114, 339-356 | Order of 25 October 2005 | 1 BvR 1696/98 | Claim for injunctive relief against the dissemination of ambiguous and potentially disparaging factual assertions |
| BVerfGE 114, 357-371 | Order of 25 October 2005 | 2 BvR 524/01 | Tying the issuance of a residence permit for a child born on German territory only to its mother’s residence status while not taking into account the father’s residence status is incompatible with Art. 3(3) first sentence of the Basic Law |
| BVerfGE 114, 371-396 | Order of 26 October 2005 | 1 BvR 396/98 | On the question of whether the so-called user levy under the Bavarian Media Act is constitutional |
| BVerfGE 114, 396-397 | Order of 9 November 2005 | 2 BvR 1198/03 | Reversal of the order issued on 25 July 2003 in preliminary injunction proceedings (BVerfGE 108, 238) – service in Germany of a class action brought in the US |
Volume 113
Decisions
| BVerfGE 113, 1-29 | Order of 5 April 2005 | 1 BvR 774/02 | Constitutional requirements regarding mandatory contributions to pension schemes for certain professions during parental leave periods pursuant to § 56(1) first sentence of the Sixth Book of the Code of Social Law |
| BVerfGE 113, 29-63 | Order of 12 April 2005 | 2 BvR 1027/02 | Constitutional requirements regarding access to the electronic data records of a law firm and tax consultancy in the context of criminal investigations against one of the partners |
| BVerfGE 113, 63-88 | Order of 24 May 2005 | 1 BvR 1072/01 | Constitutional requirements regarding the expression of a suspicion, in a Land annual report on the protection of the constitution, that a press publisher has anti-constitutional aims |
| BVerfGE 113, 88-113 | Judgment of 7 June 2005 | 1 BvR 1508/96 | Social welfare authorities may only make individuals pay for their parents’ maintenance within narrow constitutional limits |
| BVerfGE 113, 113-128 | Order of 15 June 2005 | 2 BvQ 18/05 | Termination of the taking of evidence of the Bundestag’s committee of inquiry regarding visas after the Federal Chancellor announced a motion for a vote of confidence (Art. 68 of the Basic Law); here: preliminary injunction requesting that the committee be ordered to continue taking evidence |
| BVerfGE 113, 128-154 | Judgment of 6 July 2005 | 2 BvR 2335/95, 2 BvR 2391/95 | Constitutional complaints regarding the solidarity fund for the return of illegal waste exports |
| BVerfGE 113, 154-167 | Order of 6 July 2005 | 2 BvR 2259/04 | Constitutional complaint regarding the extradition of a US citizen to the United States where they face a life sentence without possibility of suspension |
| BVerfGE 113, 167-273 | Order of 18 July 2005 | 2 BvF 2/01 | Payments to offset different risk structures in statutory health insurance (§§ 266 and 267 of the Fifth Book of the Code of Social Law) are compatible with the Basic Law |
| BVerfGE 113, 273-319 | Judgment of 18 July 2005 | 2 BvR 2236/04 | The Act Implementing the Framework Decision on the European arrest warrant and the surrender procedures between EU Member States of 21 July 2004 is incompatible with the Basic Law and void |
| BVerfGE 113, 319-327 | Judgment of 18 July 2005 | 2 BvR 2236/04 | Dissenting opinion of Justice Broß |
| BVerfGE 113, 327-339 | Judgment of 18 July 2005 | 2 BvR 2236/04 | Dissenting opinion of Justice Lübbe-Wolff |
| BVerfGE 113, 339-348 | Judgment of 18 July 2005 | 2 BvR 2236/04 | Dissenting opinion of Justice Gerhardt |
| BVerfGE 113, 348-392 | Judgment of 27 July 2005 | 1 BvR 668/04 | § 33a(1) nos. 2 and 3 of the Lower Saxony Act on Public Security and Order authorising the police to monitor and record telecommunications as a precautionary measure for prosecuting and preventing considerable criminal offences is incompatible with Art. 10 of the Basic Law and void |
Volume 112
Decisions
| BVerfGE 112, 1-44 | Order of 26 October 2004 | 2 BvR 955/00, 2 BvR 1038/01 | On the compatibility with international law of expropriations in the former Soviet occupation zone from 1945 to 1949; consequences of potential violations of international law for the constitutional obligations of the Federal Republic of Germany |
| BVerfGE 112, 44-49 | Order of 26 October 2004 | 2 BvR 955/00, 2 BvR 1038/01 | Dissenting opinion of Justice Lübbe-Wolff |
| BVerfGE 112, 50-74 | Order of 9 November 2004 | 1 BvR 684/98 | Compensation of Victims Act is partially incompatible with Art. 3(1) in conjunction with Art. 6(1) of the Basic Law: no compensation for non-married partners when the surviving partner takes care of the couple’s children. On whether the constitutional issues must be raised before the ordinary courts as a precondition for exhausting all legal remedies (§ 90(2) first sentence of the Federal Constitutional Court Act) |
| BVerfGE 112, 74-90 | Order of 23 November 2004 | 1 BvL 6/99 | On the state’s obligation to provide financial support to government-approved private schools and on the exclusive eligibility of residents of a certain Land to attend these schools (§ 17(4) first sentence of the Bremen Act on Private Schools) |
| BVerfGE 112, 90-93 | Order of 24 November | 2 BvR 2236/04 | Extradition for criminal prosecution; here: preliminary injunction |
| BVerfGE 112, 93-117 | Order of 7 December 2004 | 1 BvR 1804/03 | Constitutional complaint regarding the exclusion of financial claims by the Act on the Creation of the Foundation “Remembrance, Responsibility and Future” |
| BVerfGE 112, 118-148 | Judgment of 8 December 2004 | 2 BvE 3/02 | Calculation of the share of seats of parliamentary groups in the German Bundestag for the allocation of Bundesrat seats in a mediation committee |
| BVerfGE 112, 148-153 | Judgment of 8 December 2004 | 2 BvE 3/02 | Dissenting opinion of Justices Osterloh and Gerhardt |
| BVerfGE 112, 153-164 | Judgment of 8 December 2004 | 2 BvE 3/02 | Dissenting opinion of Justice Lübbe-Wolff |
| BVerfGE 112, 164-185 | Order of 11 January 2005 | 2 BvR 167/02 | Taking into account children’s social security contributions for calculating the maximum amount children may earn while still being eligible for child allowance (§ 32(4) second sentence of the Income Tax Act) is unconstitutional |
| BVerfGE 112, 185-216 | Order of 25 January 2005 | 2 BvR 656/99, 2 BvR 657/99, 2 BvR 683/99 | Admissibility requirements regarding procedural complaints in appeals on points of law (§ 344(2) second sentence of the Code of Criminal Procedure) |
| BVerfGE 112, 216-226 | Order of 25 January 2005 | 2 BvR 2185/04 | Municipalities’ obligation to levy trade tax; here: rejection of application for preliminary injunction |
| BVerfGE 112, 226-254 | Judgment of 26 January 2005 | 2 BvF 1/03 | Provisions of the Framework Act for Higher Education regarding free tuition and student representation bodies are unconstitutional |
| BVerfGE 112, 255-268 | Order of 8 March 2005 | 1 BvR 2561/03 | The provision prohibiting lawyer-notaries in supra-regional partnerships from stating the title “notary public” on official papers not sent from the notary’s own office (§ 29(3) first sentence of the Federal Notaries Act) is unconstitutional |
| BVerfGE 112, 268-284 | Order of 16 March 2005 | 2 BvL 7/00 | § 33c(1) first sentence, last half-sentence of the Income Tax Act in the version applicable from 1997 to 1999 providing that employment-related childcare expenses may only be deducted from income tax beyond an amount considered to be a reasonable burden (§ 33(3) of the Income Tax Act) is incompatible with Art. 3(1) in conjunction with Art. 6(1) of the Basic Law |
| BVerfGE 112, 284-304 | Order of 22 March 2005 | 1 BvQ 2/05, 1 BvR 2357/04 | On the constitutionality of provisions of the Act to Promote Tax Compliance concerning the automated retrieval of account master data; here: rejection of application for preliminary injunction |
| BVerfGE 112, 304-321 | Judgment of 12 April 2005 | 2 BvR 581/01 | § 100c(1) no. 1(b) of the Code of Criminal Procedure is constitutional: Global Positioning System |
| BVerfGE 112, 321-332 | Order of 12 April 2005 | 2 BvQ 6/05 | Rejection of application for a preliminary injunction in a dispute between the Federation and the Länder concerning financial support granted by the Federation to the German Rectors’ Conference to establish a specialised unit for implementing the Bologna reforms |
| BVerfGE 112, 332-363 | Order of 19 April 2005 | 1 BvR 1644/00, 1 BvR 188/03 | On the constitutional protection of the right of a testator’s children to a compulsory inheritance share; constitutional requirements for withdrawing the compulsory inheritance share pursuant to § 2333 no. 1 of the Civil Code |
| BVerfGE 112, 363-368 | Order of 28 April 2005 | 2 BvE 1/05, 2 BvR 636/05 | Application and constitutional complaint regarding the scheduling of the second and third readings of the Treaty Establishing a Constitution for Europe by the Council of Elders of the German Bundestag |
| BVerfGE 112, 368-407 | Order of 11 May 2005 | 1 BvR 368/97, 1 BvR 1304/98, 1 BvR 2144/98, 1 BvR 2300/98 | Constitutional requirements regarding the statutory transfer of pension entitlements from the former GDR to the statutory pension system of reunited Germany (§§ 307a, 315 of the Sixth Book of the Code of Social Law) |
Volume 111
Decisions
| BVerfGE 111, 1-7 | Order of 27 January 2004 | 2 BvR 496/01 | On the scope of the general right to have recourse to a court in respect of the review of church measures – constitutional complaint not admitted for decision |
| BVerfGE 111, 7-10 | Order of 27 January 2004 | 2 BvR 496/01 | Dissenting opinion of Justice Lübbe-Wolff |
| BVerfGE 111, 10-54 | Judgment of 9 June 2004 | 1 BvR 636/02 | Constitutional complaint regarding the Act Restricting Shop Opening Hours |
| BVerfGE 111, 54-109 | Order of 17 June 2004 | 2 BvR 383/03 | On the consequences of a political party’s accounting errors under Art. 21(1) of the Basic Law |
| BVerfGE 111, 109-115 | Order of 17 June 2004 | 2 BvR 383/03 | Dissenting opinion of Justices Di Fabio and Mellinghoff |
| BVerfGE 111, 115-146 | Order of 23 June 2004 | 1 BvL 3/98, 1 BvL 9/02, 1 BvL 2/03 | On the constitutionality of the transfer of pension entitlements from supplementary and special pension systems of the former GDR to the statutory pension scheme (§ 6(2) and (3) no. 8 of the Act on the Transfer of Pension Entitlements) |
| BVerfGE 111, 147-160 | Order of 23 June 2004 | 1 BvQ 19/04 | Consideration of the prospects of success of a constitutional complaint in preliminary injunction proceedings challenging a preliminary ruling by the administrative courts; limitations of freedom of expression in the context of an assembly: Art. 5(2) of the Basic Law as the applicable guarantee (following BVerfGE 90, 241) |
| BVerfGE 111, 160-176 | Order of 6 July 2004 | 1 BvL 4/97 | On not granting child benefit in 1994 and 1995 to foreigners who only had a residence title for humanitarian reasons (no residence permit or right of residence) |
| BVerfGE 111, 176-190 | Order of 6 July 2004 | 1 BvR 2515/95 | Not granting child-raising allowance to foreigners who only have a residence title for humanitarian reasons is unconstitutional |
| BVerfGE 111, 191-225 | Order of 13 July 2004 | 1 BvR 1298/94, 1 BvR 1299/94, 1 BvR 1332/95, 1 BvR 613/97 | Constitutional requirements regarding statutory provisions on the delegation of law-making powers to self-governing public entities (here: notary funds) |
| BVerfGE 111, 226-274 | Judgment of 27 July 2004 | 2 BvF 2/02 | Limits of the Federation’s competence to enact framework legislation (junior professorships) |
| BVerfGE 111, 274-286 | Judgment of 27 July 2004 | 2 BvF 2/02 | Dissenting opinion of Justices Osterloh, Lübbe-Wolff and Gerhardt |
| BVerfGE 111, 286-288 | Order of 9 August 2004 | 2 BvE 2/04 | Rejection of an application in Organstreit proceedings challenging the North Rhine-Westphalia Elections Act |
| BVerfGE 111, 289-307 | Order of 12 October 2004 | 1 BvR 2130/98 | Constitutional requirements regarding the minimum number of signatures required for the election of employees’ representatives to supervisory boards (§ 12(1) second sentence of the Co-Determination Act) |
| BVerfGE 111, 307-332 | Order of 14 October 2004 | 2 BvR 1481/04 | Obligation to have regard to the Convention and the decisions of the European Court of Human Rights, and limits to this obligation, in the context of Art. 20(3) of the Basic Law (authorities are bound by law and justice) |
| BVerfGE 111, 333-365 | Order of 26 October 2004 | 1 BvR 911/00, 1 BvR 927/00, 1 BvR 928/00 | On the constitutionality of the Brandenburg Higher Education Act |
| BVerfGE 111, 366-381 | Order of 26 October 2004 | 1 BvR 981/00 | Constitutional requirements regarding the standing of chambers of tax consultants pursuant to § 13(2) of the Act Against Unfair Competition; on the right of self-employed professionals to advertise (here: advertising of a tax consultancy on trams) |
| BVerfGE 111, 382-412 | Judgment of 26 October 2004 | 2 BvE 1/02, 2 BvE 2/02 | Financing of political parties: introduction of the “three Länder quorum” (§ 18(4) third sentence of the Political Parties Act as amended by Art. 3 of the Eighth Act Amending the Political Parties Act on 1 January 2005) is unconstitutional |
Volume 110
Decisions
| BVerfGE 110, 1-33 | Order of 14 January 2004 | 2 BvR 564/95 | On the compatibility with the Basic Law of § 73d of the Criminal Code (extended confiscation) |
| BVerfGE 110, 33-76 | Order of 3 March 2004 | 1 BvF 3/92 | On the interpretation of Art. 87(3) first sentence of the Basic Law; §§ 39 to 41 of the Foreign Trade and Payments Act are incompatible with Art. 10 of the Basic Law |
| BVerfGE 110, 77-94 | Order of 3 March 2004 | 1 BvR 461/03 | Legal interest in bringing an application for a continuation of proceedings seeking a declaratory finding of unlawfulness in disputes concerning assembly law |
| BVerfGE 110, 94-141 | Judgment of 9 March 2004 | 2 BvL 17/02 | Taxation of private speculation with securities in fiscal years 1997 and 1998 is unconstitutional |
| BVerfGE 110, 141-177 | Judgment of 16 March 2004 | 1 BvR 1778/01 | On the constitutionality of the Federal Act on the Control of Dangerous Dogs |
| BVerfGE 110, 177-199 | Judgment of 17 March 2004 | 1 BvR 1266/00 | On the question of whether the restrictions on residence for ethnic German resettlers and the denial of benefits in cases of non-compliance are compatible with Art. 11 of the Basic Law |
| BVerfGE 110, 199-226 | Order of 30 March 2004 | 2 BvK 1/01 | On the right of a Schleswig-Holstein Landtag committee to inspect files of the Land government under Art. 23 of the Land Constitution; proceedings pursuant to Art. 99 of the Basic Law and § 13 no. 10 of the Federal Constitutional Court Act |
| BVerfGE 110, 226-274 | Judgment of 30 March 2004 | 2 BvR 1520/01, 2 BvR 1521/01 | On the applicability of the offence of money laundering (§ 261 of the Criminal Code) to defence lawyers accepting fees from their clients |
| BVerfGE 110, 274-304 | Judgment of 20 April 2004 | 1 BvR 905/00, 1 BvR 1748/99 | On the constitutionality of the different burdens imposed by the “eco tax” on certain companies/industries |
| BVerfGE 110, 304-338 | Order of 20 April 2004 | 1 BvR 838/01, 1 BvR 1303/01, 1 BvR 340/02, u.a. | On the weighting of specialist skills for access to the profession of subsidiary notary public (§ 6 of the Federal Notaries Act) |
| BVerfGE 110, 339-346 | Order of 4 May 2004 | 1 BvR 1892/03 | Requirements following from the principle of a fair trial in the context of a decision on reinstatement into one’s former procedural position |
| BVerfGE 110, 346-352 | Order of 4 May 2004 | 1 BvR 1892/03 | Dissenting opinion of Justice Haas |
| BVerfGE 110, 353-370 | Order of 6 May 2004 | 2 BvL 16/02 | On the constitutionality of § 27(1) of the Federal Civil Servants’ Remuneration Act in the version of Art. 3 no. 9 of the Act Reforming Civil Service Law of 24 February 1997 |
| BVerfGE 110, 370-402 | Order of 18 May 2004 | 2 BvR 2374/99 | The levying and calculation of contributions to the sewage sludge compensation fund (§ 9 of the Fertiliser Act) are compatible with the requirements for non-tax levies |
| BVerfGE 110, 403-407 | Order of 8 June 2004 | 2 BvE 1/04 | Delayed application in Organstreit proceedings concerning the violation of the rights of the Nationaldemokratische Partei Deutschlands by § 2(6) of the European Elections Act (electoral threshold clause) |
| BVerfGE 110, 407-410 | Order of 8 June 2004 | 2 BvB 1/01, 2 BvB 2/01, 2 BvB 3/01 | Applications for reimbursement of expenses and fixing the amount in dispute in proceedings for the prohibition of political parties |
| BVerfGE 110, 410-411 | Order of 8 June 2004 | 2 BvB 1/01, 2 BvB 2/01, 2 BvB 3/01 | Dissenting opinion of Justice Gerhardt |
| BVerfGE 110, 412-446 | Order of 8 June 2004 | 2 BvL 5/00 | On the constitutionality of § 65(2) of the Income Tax Act: exclusion of partial child benefit for cross-border commuters who receive benefits under § 65(1) first sentence no. 2 of the Income Tax Act |