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Decisions published in the Official Digest (BVerfGE)
Volume 139
Decisions
| BVerfGE 139, 1-19 | Order of 24 March 2015 | 1 BvR 2880/11 | Unequal liability to pay property transfer tax within the scope of official and voluntary reallocation of land does not violate Art. 3(1) of the Basic Law |
| BVerfGE 139, 19-64 | Order of 21 April 2015 | 2 BvR 1322/12, 2 BvR 1989/12 | Maximum age limits for recruitment to public service violate Art. 33(2) of the Basic Law |
| BVerfGE 139, 64-148 | Judgment of 5 May 2015 | 2 BvL 17/09, 2 BvL 18/09, 2 BvL 3/12 inter alia | “Grade R” salary for judges and prosecutors: compatibility with Art. 33(5) of the Basic Law; procedural requirements for the legislator |
| BVerfGE 139, 148-194 | Order of 12 May 2015 | 1 BvR 1501/13, 1 BvR 1682/13 | Legislative regime governing the merger of two universities: requirements under Art. 5(3) first sentence of the Basic Law |
| BVerfGE 139, 194-239 | Judgment of 2 June 2015 | 2 BvE 7/11 | Scope of the Federal Government’s duty to answer questions from members of the Bundestag regarding support operations carried out by the Federal Police under Art. 35(2) first sentence of the Basic Law |
| BVerfGE 139, 239-245 | Order of 2 June 2015 | 2 BvE 5/12, 2 BvE 3/13 | Organstreit proceedings discontinued after the applicant ceased to hold a seat in the Bundestag |
| BVerfGE 139, 245-285 | Order of 16 June 2015 | 2 BvR 2718/10, 2 BvR 1849/11, 2 BvR 2808/11 | Searches by the public prosecution office and its investigators under §§ 102, 105(1) first sentence, second half-sentence of the Code of Criminal Procedure after obtaining a search order from the competent investigating judge or judge on stand-by duty |
| BVerfGE 139, 285-321 | Order of 23 June 2015 | 1 BvL 13/11, 1 BvL 14/11 | Auxiliary basis of assessment in the Property Transfer Tax Act is incompatible with Art. 3(1) of the Basic Law |
| BVerfGE 139, 321-378 | Order of 30 June 2015 | 2 BvR 1282/11 | Review of the right of Jehovah’s Witnesses to be awarded the status of corporate body under public law; Art. 61 second sentence of the Bremen Land constitution is unconstitutional |
| BVerfGE 139, 378-380 | Order of 20 July 2015 | 1 BvQ 25/15 | Objection against a Chamber decision dismissed |
Volume 138
Decisions
| BVerfGE 138, 1-33 | Order of 19 November 2014 | 2 BvL 2/13 | Requirement under Art. 28(2) first sentence of the Basic Law to involve a district’s municipalities in the planning process to determine the location of general education schools (§ 23a of the Education Act of the Free State of Saxony) |
| BVerfGE 138, 33-45 | Order of 2 December 2014 | 1 BvR 3106/09 | Legal protection against a court providing third parties with information about a pending legal dispute |
| BVerfGE 138, 45-64 | Order of 4 December 2014 | 2 BvE 3/14 | Examination of Edward Snowden as a witness by the Bundestag’s First Committee of Inquiry |
| BVerfGE 138, 64-102 | Order of 16 December 2014 | 1 BvR 2142/11 | Public authority as a holder of fundamental rights; violation of Art. 101(1) second sentence of the Basic Law by failing to refer a statute to the Federal Constitutional Court for judicial review pursuant to Art. 100 of the Basic Law and unreasonably assuming an interpretation in conformity with the Basic Law |
| BVerfGE 138, 102-125 | Judgment of 16 December 2014 | 2 BvE 2/14 | Right of a Federal Minister to issue statements in party-political discourse |
| BVerfGE 138, 125-136 | Order of 16 December 2014 | 2 BvE 2/12 | Function of the Federal Convention and legal status of its members |
| BVerfGE 138, 136-255 | Judgment of 17 December 2014 | 1 BvL 21/12 | Preferential treatment accorded to the transition of business assets under inheritance tax law |
| BVerfGE 138, 256-261 | Order of 13 January 2015 | 2 BvE 1/13 | Challenge of an act on grounds of objective unconstitutionality in Organstreit proceedings is inadmissible |
| BVerfGE 138, 261-296 | Order of 14 January 2015 | 1 BvR 931/12 | Restrictions on working hours of employees working in shops on Saturdays (Thuringia Shop Opening Hours Act) |
| BVerfGE 138, 296-376 | Order of 27 January 2015 | 1 BvR 471/10, 1 BvR 1181/10 | Islamic headscarf worn by school teachers in class (North Rhine-Westphalia Education Act) |
| BVerfGE 138, 377-397 | Order of 24 February 2015 | 1 BvR 472/14 | Right to information of the non-biological father vis-à-vis the mother concerning the identity of the putative biological father in order to enable the non-biological father to assert a compensation claim (§ 1607(3) first and second sentence of the Civil Code); limits of judicial development of the law |
| BVerfGE 138, 397-400 | Order of 19. March 2015 | 2 BvB 1/13 | Proceedings for the prohibition of the political party Nationaldemokratische Partei Deutschlands (NPD); here: evidence of sources being deactivated |
Volume 137
Decisions
| BVerfGE 137, 1-29 | Order of 25 June 2014 | 1 BvR 668/10, 1 BvR 2104/10 | Interpretation of § 10a of the Rhineland-Palatinate Municipal Charges Act is consistent with the Basic Law (recurrent levying of contributions to road infrastructure) |
| BVerfGE 137, 29-34 | Order of 15 July 2014 | 2 BvE 2/14 | Violation of a political party’s right to equal opportunities by statements of a Federal Minister; here: rejection of application for a preliminary injunction |
| BVerfGE 137, 34-103 | Order of 23 July 2014 | 1 BvL 10/12, 1 BvL 12/12, 1 BvR 1691/13 | Fundamental right to an existential minimum in accordance with human dignity; here: the benefits covering standard needs are compatible with the Basic Law |
| BVerfGE 137, 103-108 | Order of 16 September 2014 | 2 BvE 13/12 | Financial assistance for Spain within the scope of the European Financial Stability Facility; inadmissible application of a political party |
| BVerfGE 137, 108-185 | Judgment of 7 October 2014 | 2 BvR 1641/11 | Interpretation of Art. 91e of the Basic Law; § 6a(2) third sentence of the Second Book of the Code of Social Law is unconstitutional |
| BVerfGE 137, 185-273 | Judgment of 21 October 2014 | 2 BvE 5/11 | Limits of the right of the Bundestag and its members to obtain information from the Federal Government; here: interpellations concerning exports of military weapons |
| BVerfGE 137, 273-345 | Order of 22 October 2014 | 2 BvR 661/12 | The right of self-determination guaranteed to churches; employment relationships in church organisations |
| BVerfGE 137, 345-350 | Order of 4 November 2014 | 2 BvR 2238/13 | 3% electoral threshold in the European Elections Act (BVerfGE 135, 259) is unconstitutional; here: rejection of an immediate complaint |
| BVerfGE 137, 350-378 | Judgment of 5 November 2014 | 1 BvF 3/11 | Aviation Tax Act is compatible with the Basic Law |
Volume 136
Entscheidungen
2
| BVerfGE 136, 1-9 | Order of 19 March 2014 | 2 BvE 7/12 | Members and parliamentary groups of the Bavarian Landtag have no standing to file an application in Organstreit proceedings pursuant to Art. 93(1) no. 1 of the Basic Law and §§ 13 no. 5, 63 ff. of the Federal Constitutional Court Act |
| BVerfGE 136, 9-68 | Judgment of 25 March 2014 | 1 BvF 1/11, 1 BvF 4/11 | On the compatibility of the ZDF State Treaty with the Basic Law |
| BVerfGE 136, 69-119 | Order of 1 April 2014 | 2 BvF 1/12, 2 BvF 3/12 | Ordinance on the authorisation of vehicles of excessive length to participate in road traffic is compatible with the Basic Law |
| BVerfGE 136, 119-121 | Order of 1 April 2014 | 2 BvE 9/12 | Inadmissible application of a political party seeking a declaration that the Act on the Treaty Establishing the European Stability Mechanism is unconstitutional |
| BVerfGE 136, 121-125 | Order of 1 April 2014 | 2 BvE 14/12 | Treaty Establishing the European Stability Mechanism is unconstitutional |
| BVerfGE 136, 125-126 | Order of 1 April 2014 | 2 BvC 1/14 | Complaint against rejection of nominations pursuant to § 14(4a) first sentence of the European Elections Act is inadmissible |
| BVerfGE 136, 127-152 | Order of 1 April 2014 | 2 BvL 2/09 | Referral concerning the compatibility of § 54(6) of the Corporate Tax Act with Art. 3(1) of the Basic Law is inadmissible |
| BVerfGE 136, 152-190 | Order of 6 May 2014 | 1 BvL 9/12, 1 BvR 1145/13 | Not applying the adjustment provisions under §§ 33 and 37 of the Act on Pension Sharing to supplementary pension rights for the public sector pursuant to § 32 of the Act on Pension Sharing is compatible with the Basic Law |
| BVerfGE 136, 184-190 | Order of 6 May 2014 | 1 BvL 9/12, 1 BvR 1145/13 | Dissenting opinion of Justice Gaier with regard to BVerfGE 136, 152-190 |
| BVerfGE 136, 190-194 | Order of 6 May 2014 | 2 BvE 3/12 | Application of the NPD political party against public relations work of the FDP parliamentary group in the Bundestag is inadmissible |
| BVerfGE 136, 194-273 | Order of 6 May 2014 | 2 BvR 1139/12, 2 BvR 1140/12, 2 BvR 1141/12 | Contributions payable under § 43 of the Wine Act and § 1 of the Wine Sales Promotion Act of the Land Rhineland-Palatinate are constitutional |
| BVerfGE 136, 274-277 | Order of 20 May 2014 | 2 BvB 1/01, 2 BvB 2/01, 2 BvB 3/01 | Proceedings for the prohibition of the political party Nationaldemokratische Partei Deutschlands (NPD); here: no reimbursement of necessary expenses in the preliminary injunction proceedings |
| BVerfGE 136, 277-323 | Judgment of 10 June 2014 | 2 BvE 2/09, 2 BvE 2/10 | Function of the Federal Convention and legal status of its members |
| BVerfGE 136, 323-338 | Judgment of 10 June 2014 | 2 BvE 4/13 | The right of the Federal President to issue statements concerning political parties |
| BVerfGE 136, 338-382 | Order of 24 June 2014 | 1 BvR 3217/07 | Lower Saxony Higher Education Act is in part incompatible with Art. 5(3) first sentence of the Basic Law |
| BVerfGE 136, 382-394 | Order of 24 June 2014 | 1 BvR 2926/13 | Close relatives must be considered when choosing a guardian (Art. 6(1) of the Basic Law) |
Volume 135
Decisions
| BVerfGE 135, 1-48 | Order of 17 December 2013 | 1 BvL 5/08 | Legislator’s ex post clarification of applicable law is only permissible within the constitutional limits of retroactive legislation (§ 43(18) in conjunction with § 40a(1) second sentence on the Act on Investment Companies) |
| BVerfGE 135, 48-90 | Order of 17 December 2013 | 1 BvL 6/10 | § 1600(1) no. 5 of the Civil Code and Art. 229 § 16 of the Introductory Act to the Civil Code in the version of the Act of 13 March 2008 (Federal Law Gazette I, p. 313) – challenge of paternity by public authorities – are incompatible with the Basic Law |
| BVerfGE 135, 90-126 | Order of 14 January 2014 | 1 BvR 2998/11, 1 BvR 236/12 | Refusing permission to run a GmbH as both a lawyers’ firm and a patent lawyers’ firm simultaneously (§§ 59e(2) first sentence, 59f(1) of the Federal Lawyers’ Act) is incompatible with Art. 12(1) of the Basic Law |
| BVerfGE 135, 126-154 | Order of 15 January 2014 | 1 BvR 1656/09 | Regressive tax scale for secondary residences is incompatible with the Basic Law |
| BVerfGE 135, 155-234 | Order of 28 January 2014 | 2 BvR 1561/12, 2 BvR 1562/12, 2 BvR 1563/12, 2 BvR 1564/12 | Film tax raised under the Film Promotion Act is constitutional |
| BVerfGE 135, 234-237 | Order of 28 January 2014 | 2 BvB 1/13 | Proceedings for the prohibition of the political party Nationaldemokratische Partei Deutschlands (NPD); here: rejection of application for a preliminary injunction (payment of instalments from the state funds available for the financing of political parties) |
| BVerfGE 135, 238-248 | Order of 12 February 2014 | 1 BvL 11/10, 1 BvL 14/10 | Using the number of gambling machines and prize-offering amusement machines as the basis for assessing entertainment tax (Bremen and Saarland) is incompatible with Art. 3(1) of the Basic Law |
| BVerfGE 135, 248-259 | Order of 28 February 2014 | 1 BvR 471/10, 1 BvR 1181/10 | Interpretation of §§ 18, 19 of the Federal Constitutional Court Act |
| BVerfGE 135, 259-312 | Judgment of 26 February 2014 | 2 BvE 2/13, 2 BvE 5/13, 2 BvE 6/13 inter alia | 3% electoral threshold in the European Elections Act is unconstitutional (§ 2(7) of the European Elections Act) |
| BVerfGE 135, 312-317 | Order of 12 March 2014 | 2 BvE 1/14 | Setting of a deadline for submitting nominations and for deciding on whether these nominations are approved for European elections is constitutional (§§ 11(1)1, 14(1) first sentence of the European Elections Act) |
| BVerfGE 135, 317-433 | Judgment of 18 March 2014 | 2 BvE 6/12, 2 BvR 1390/12, 2 BvR 1421/12 inter alia | On the constitutionality of the Treaty Establishing the European Stability Mechanism (ESM Treaty) and other German and European legal acts |
Volume 134
Decisions
| BVerfGE 134, 1-25 | Order of 8 May 2013 | 1 BvL 1/08 | Charging students different university tuition fees depending on whether they reside inside or outside the Land based on a provision of Land law is incompatible with Art. 12(1) in conjunction with Art. 3(1) of the Basic Law |
| BVerfGE 134, 25-32 | Order of 9 July 2013 | 2 BvC 7/10 | Allowing citizens to vote in European elections via postal ballot without requiring them to state reasons is constitutional |
| BVerfGE 134, 33-106 | Order of 11 July 2013 | 2 BvR 2302/11, 2 BvR 1279/12 | On the constitutionality of the Therapeutic Confinement Act |
| BVerfGE 134, 106-121 | Order of 16 July 2013 | 1 BvR 3057/11 | On the requirement to lodge a complaint seeking remedy for a violation of the right to be heard to ensure the subsidiarity of the constitutional complaint despite not claiming a violation of Art. 103(1) of the Basic Law |
| BVerfGE 134, 121-123 | Order of 23 July 2013 | 2 BvC 2/13 | Inadmissible complaint regarding non-recognition as a political party (Art. 93(1) no. 4c of the Basic Law, § 13 no. 3a of the Federal Constitutional Court Act) |
| BVerfGE 134, 124-131 | Order of 23 July 2013 | 2 BvC 3/13 | Well-founded complaint regarding non-recognition as a political party (Art. 93(1) no. 4c of the Basic Law, § 13 no. 3a of the Federal Constitutional Court Act) |
| BVerfGE 134, 131-135 | Order of 23 July 2013 | 2 BvC 4/13 | Rejected complaint regarding non-recognition as a political party (Art. 93(1) no. 4c of the Basic Law, § 13 no. 3a of the Federal Constitutional Court Act) |
| BVerfGE 134, 135-138 | Order of 23 July 2013 | 2 BvQ 30/13 | Preliminary injunction: application to declare unconstitutional the establishment of women’s quotas, gender quotas and other quotas in connection with the nomination of political party candidates for Bundestag and state parliament elections is rejected |
| BVerfGE 134, 138-141 | Order of 17 September 2013 | 2 BvE 4/13 | Impairment of a political party’s right to equal opportunities by statements of the Federal President; here: rejection of application for a preliminary injunction |
| BVerfGE 134, 141-202 | Order of 17 September 2013 | 2 BvE 6/08, 2 BvR 2436/10 | Surveillance of members of parliament by the Federal Office for the Protection of the Constitution |
| BVerfGE 134, 202-203 | Order of 19 September 2013 | 2 BvE 4/13 | Protest against Order of 17 September 2013 is dismissed as inadmissible |
| BVerfGE 134, 204-239 | Order of 23 October 2013 | 1 BvR 1842/11, 1 BvR 1843/11 | Judicial review of adequacy of remuneration agreements under copyright law |
| BVerfGE 134, 239-242 | Order of 4 December 2013 | 2 BvE 6/13 | On the right to be represented pursuant to § 22(1) of the Federal Constitutional Court Act |
| BVerfGE 134, 242-357 | Order of 17 December 2013 | 1 BvR 3139/08, 1 BvR 3386/08 | Decision on the scope of protection of the fundamental right to freedom of movement (Art. 11 of the Basic Law), on the conditions justifying an expropriation pursuant to Art. 14(3) of the Basic Law, and on the requirements for the guarantee of effective legal protection (Art. 19(4) of the Basic Law) in large-scale proceedings; here: opencast lignite mine (“Garzweiler”) |
| BVerfGE 134, 357-366 | Order of 17 December 2013 | 2 BvE 6/12, 2 BvR 1390/12, 2 BvR 1421/12 inter alia | Euro bail-out; here: decision on the separation of proceedings |
| BVerfGE 134, 366-438 | Order of 14 January 2014 | 2 BvE 13/13, 2 BvR 2728/13, 2 BvR 2729/13 inter alia | Outright Monetary Transactions (OMT); here: referral to the CJEU for a preliminary ruling |
| BVerfGE 134, 419-430 | Order of 14 January 2014 | 2 BvE 13/13, 2 BvR 2728/13, 2 BvR 2729/13 inter alia | Dissenting opinion of Justice Lübbe-Wolff |
| BVerfGE 134, 430-438 | Order of 14 January 2014 | 2 BvE 13/13, 2 BvR 2728/13, 2 BvR 2729/13 inter alia | Dissenting opinion of Justice Gerhardt |
Volume 133
Decisions
| BVerfGE 133, 1-33 | Order of 19 December 2012 | 1 BvL 18/11 | § 81(6) of the Act against Restrictions of Competition (provision on the payment of interest on fines imposed by a competition authority) is compatible with the Basic Law |
| BVerfGE 133, 34-37 | Order of 16 January 2013 | 2 BvE 3/12 | Public relations work of the FDP parliamentary group in the Bundestag; here: application for a preliminary injunction |
| BVerfGE 133, 37-40 | Order of 22 January 2013 | 1 BvR 367/12 | Immediate entry into force of the statutory obligation to state the price of “call-by-call telephone services” (§ 66b(1) of the 2012 Telecommunications Act); here: reimbursement of expenses and fixing the amount in dispute |
| BVerfGE 133, 40-59 | Order of 6 February 2013 | 2 BvR 2122/11, 2 BvR 2705/11 | Ordering of preventive detention following confinement in a psychiatric hospital is incompatible with Art. 2(2) second sentence in conjunction with Art. 104(1) and Art. 29(3) of the Basic Law |
| BVerfGE 133, 59-100 | Order of 19 February 2013 | 1 BvL 1/11, 1 BvR 3247/09 | § 9(7) of the Civil Partnerships Act prohibiting subsequent adoption is incompatible with Art. 3(1) of the Basic Law |
| BVerfGE 133, 100-111 | Order of 20 February 2013 | 2 BvE 11/12 | Inadmissible application of a political party seeking a declaration that it is constitutional |
| BVerfGE 133, 112-143 | Order of 20 February 2013 | 2 BvR 228/12 | Coercive medical treatment of a person under custodianship confined in a psychiatric institution for criminal offenders; here: § 22(1) first sentence of the Saxony Act on Assistance and Confinement of Persons with Mental Illness is incompatible with Art. 2(2) first sentence in conjunction with Art. 19(4) of the Basic Law |
| BVerfGE 133, 143-163 | Order of 5 March 2013 | 1 BvR 2457/08 | Significance of the principle of the rule of law in its manifestation as the principle of clarity and foreseeability of burdens with regard to provisions fixing a time limit for the assessment of contributions to compensate a benefit (Art. 13(1) no. 4(b) (cc) second indent of the Bavarian Municipal Charges Act) |
| BVerfGE 133, 163-168 | Order of 19 March 2013 | 1 BvR 2635/12 | On the interpretation of § 18 of the Federal Constitutional Court Act |
| BVerfGE 133, 168-241 | Judgment of 19 March 2013 | 2 BvR 2628/10, 2 BvR 2883/10, 2 BvR 2155/11 | Plea bargaining in criminal proceedings is compatible with the Basic Law |
| BVerfGE 133, 241-272 | Order of 20 March 2013 | 2 BvF 1/05 | On the compatibility of §§ 13 to 16 of the Aviation Security Act in the version of the Act of 11 January 2005 (Federal Law Gazette I, p. 78) with the Basic Law |
| BVerfGE 133, 273-276 | Order of 9 April 2013 | 2 BvE 10/12 | Inadmissible application in Organstreit proceedings due to the respondents not being authorised to bring the challenge in question |
| BVerfGE 133, 277-377 | Judgment of 24 April 2013 | 1 BvR 1215/07 | On the constitutionality of the Act on Establishing a Standardised Central Counter-Terrorism Database for the Police Authorities and Intelligence Services of the Federation and the Länder (Counter-Terrorism Database Act) of 22 December 2006 (Federal Law Gazette I, p. 3409) |
| BVerfGE 133, 377-443 | Order of 7 May 2013 | 2 BvR 909/06, 2 BvR 1981/06, 2 BvR 288/07 | Unequal treatment of marriage and registered civil partnership in connection with splitting of income tax between partners (§§ 26, 26b, 32a(5) of the Income Tax Act) is incompatible with Art. 3(1) of the Basic Law |
| BVerfGE 133, 426-443 | Order of 7 May 2013 | 2 BvR 909/06, 2 BvR 1981/06, 2 BvR 288/07 | Dissenting opinion of Justices Landau and Kessal-Wulf |
Volume 132
Decisions
| BVerfGE 132, 1-24 | Order of 3 July 2012 | 2 PBvU 1/11 | Legislative competence with regard to § 13(3) second and third sentence, § 14(1), (2) and (4), § 15 of the Aviation Security Act in the version of the Act on the Reorganisation of Aviation Security Tasks of 11 January 2005; deployment of the armed forces using military weapons within the scope of Art. 35(2) second and third sentence of the Basic Law; emergency powers granted to the Federal Minister of Defence in the cases mentioned in Art. 35(3) of the Basic Law |
| BVerfGE 132, 24-39 | Order of 3 July 2012 | 2 PBvU 1/11 | Dissenting opinion of Justice Gaier |
| BVerfGE 132, 39-60 | Order of 4 July 2012 | 2 BvC 1/11, 2 BvC 2/11 | Unconstitutionality of making the right of German nationals living abroad to vote and be elected conditional upon them having resided in Germany for at least three months |
| BVerfGE 132, 60-71 | Order of 4 July 2012 | 2 BvC 1/11, 2 BvC 2/11 | Dissenting opinion of Justice Lübbe-Wolff |
| BVerfGE 132, 72-99 | Order of 10 July 2012 | 1 BvL 2/10, 1 BvL 3/10, 1 BvL 4/10, 1 BvL 3/11 | Excluding foreign nationals with residence permits who do not fulfil certain job market integration criteria from the federal child-raising allowance and the federal parental allowance is unconstitutional |
| BVerfGE 132, 99-133 | Judgment of 11 July 2012 | 1 BvR 3142/07, 1 BvR 1569/08 | Revocation of the admission of shares to trading on the regulated market upon application from the issuer does not affect the scope of protection of the shareholder’s fundamental right to property; on the limits of judicial development of the law; here: obligation to submit a mandatory offer in case of voluntary delisting |
| BVerfGE 132, 134-179 | Judgment of 18 July 2012 | 1 BvL 10/10, 1 BvL 2/11 | Amount of payments to cover basic welfare needs pursuant to § 3 of the Asylum Seekers’ Benefits Act is unconstitutional |
| BVerfGE 132, 179-194 | Order of 18 July 2012 | 1 BvL 16/11 | Equal treatment of spouses and persons living in a registered civil partnership with regard to property transfer tax |
| BVerfGE 132, 195-287 | Judgment of 12 September 2012 | 2 BvE 6/12, 2 BvR 1390/12, 2 BvR 1421/12 inter alia | Prohibition to ratify the ESM Treaty and the Fiscal Compact; here: application for a preliminary injunction |
| BVerfGE 132, 287-294 | Order of 12 September 2012 | 2 BvR 1824/12 | Measures to deal with the sovereign debt crisis in the euro area; here: rejection of application for a preliminary injunction seeking to prohibit the signing and ratification of certain agreements by the Federal President until the CJEU has rendered a decision |
| BVerfGE 132, 294-302 | Order of 1 October 2012 | 1 BvR 918/10 | Rejection of an immediate complaint against a decision on the fixing of costs issued by administrative staff of the Federal Constitutional Court |
| BVerfGE 132, 302-333 | Order of 10 October 2012 | 1 BvL 6/07 | Permissibility of legislation with quasi-retroactive effects in the field of tax law; here: § 36(4) of the Trade Tax Act in the version of the Corporate Tax Development Act of 20 December 2001 |
| BVerfGE 132, 334-360 | Order of 6 November 2012 | 2 BvL 51/06, 2 BvL 52/06 | Students’ re-registration fee charged under § 2(8) second sentence of the Berlin Higher Education Act in the version of 5 October 1995 is incompatible with Art. 2(1) in conjunction with Art. 104a ff. and Art. 3(1) of the Basic Law |
| BVerfGE 132, 360-371 | Order of 4 December 2012 | 1 BvL 4/12 | Inadmissible referral from a court concerning § 1(7) no. 2(d) of the Federal Parental Benefit and Parental Leave Act in conjunction with § 104a of the Residence Act |
| BVerfGE 132, 372-397 | Order of 18 December 2012 | 1 BvL 8/11, 1 BvL 22/11 | Right of investment and development banks governed by public law in Lower Saxony to initiate compulsory enforcement of their claims based on an application filed by the bank itself is incompatible with Art. 3(1) of the Basic Law |
Volume 131
Decisions
| BVerfGE 131, 1-20 | Order of 2 May 2012 | 1 BvL 20/09 | Obligation of a court to state its reasons in relation to a referral pursuant to Art. 100 of the Basic Law (here: § 47(1) of the Sixth Book of the Code of Social Law) |
| BVerfGE 131, 20-47 | Order of 2 May 2012 | 2 BvL 5/10 | On the protection of legitimate expectations against a retroactive change in the law when the jurisprudence of the highest courts is not yet settled (here: Art. 17(1) of the 2009 Act Revising Public Service Law) |
| BVerfGE 131, 47-65 | Order of 4 May 2012 | 1 BvR 367/12 | Permissibility of immediate entry into force of a statutory obligation to announce the price in the case of “call-by-call” telephone services (§ 66b(1) of the 2012 Telecommunications Act); here: application for a preliminary injunction prior to the promulgation of the Act |
| BVerfGE 131, 66-88 | Order of 8 May 2012 | 1 BvR 1065/03, 1 BvR 1082/03 | On the admissibility of a constitutional complaint against the statute of the Supplementary Pension Fund for Federal and Land Government Employees; substantiation requirements |
| BVerfGE 131, 88-129 | Order of 4 June 2012 | 2 BvL 9/08, 2 BvL 10/08, 2 BvL 11/08, 2 BvL 12/08 | On the constitutionality of § 2(1) of the Act on the Compensation of Civil Servants Suffering an Injury during Service in the Territory of the Former German Democratic Republic |
| BVerfGE 131, 130-152 | Order of 19 June 2012 | 1 BvR 3017/09 | On the constitutionality of service regulations for notaries with regard to the documentation of safekeeping transactions |
| BVerfGE 131, 152-230 | Judgment of 19 June 2012 | 2 BvE 4/11 | The term ‘matters concerning the European Union’ within the meaning of Art. 23(2) of the Basic Law; scope of the duty to notify the Bundestag pursuant to Art 23(2) second sentence of the Basic Law |
| BVerfGE 131, 230-239 | Order of 19 June 2012 | 2 BvC 2/10 | Indirect election of Federal Constitutional Court Justices by the Bundestag is constitutional |
| BVerfGE 131, 239-267 | Order of 19 June 2012 | 2 BvR 1397/09 | Equal treatment of married civil servants and civil servants living in a registered civil partnership with regard to payment of family allowance in salary grade 1 (§ 40(1) no. 1 of the Federal Remuneration Act) |
| BVerfGE 131, 268-316 | Order of 20 June 2012 | 2 BvR 1048/11 | Ordering of preventive detention reserved in the initial conviction pursuant to § 66a of the Criminal Code |
| BVerfGE 131, 316-376 | Judgment of 25 July 2012 | 2 BvE 9/11, 2 BvF 3/11, 2 BvR 2670/11 | Provisions of federal electoral law (§ 6(1) first sentence and (2a) of the Federal Elections Act in the version of the Act of 25 November 2011, Federal Law Gazette I, p. 2323) in relation to the allocation of seats in the Bundestag are in part incompatible with Art. 31(1) and Art. 38(1) first sentence of the Basic Law |
Volume 130
Decisions
| BVerfGE 130, 1-51 | Order of 7 December 2011 | 2 BvR 2500/09, 2 BvR 1857/10 | On the permissibility of admitting unlawfully collected personal data in criminal proceedings |
| BVerfGE 130, 52-75 | Order of 17 January 2012 | 2 BvL 4/09 | On the status of civil servants formerly employed by the Deutsche Bundespost |
| BVerfGE 130, 76-130 | Judgment of 18 January 2012 | 2 BvR 133/10 | On the scope of Art. 33(4) of the Basic Law; here: decision regarding the privatisation of psychiatric confinement for criminal offenders |
| BVerfGE 130, 131-151 | Order of 24 January 2012 | 1 BvL 21/11 | Exclusion of eating establishments from the permission to provide separate smoking rooms under the Hamburg Act on the Protection from Second-Hand Smoke is unconstitutional |
| BVerfGE 130, 151-212 | Order of 24 January 2012 | 1 BvR 1299/05 | § 111 to 113 of the Telecommunications Act are in part unconstitutional |
| BVerfGE 130, 212-239 | Order of 31 January 2012 | 2 BvC 3/11 | On the significance of the principle of equal suffrage for the drawing of constituency boundaries |
| BVerfGE 130, 240-262 | Order of 7 February 2012 | 1 BvL 14/07 | Excluding non-EU citizens from the Land child-raising allowance under the Bavarian Land Child-Raising Allowance Act is unconstitutional |
| BVerfGE 130, 263-313 | Judgment of 14 February 2012 | 2 BvL 4/10 | Principle of appropriate alimentation pursuant to Art. 33(5) of the Basic Law; here: “Grade W” remuneration of professors is incompatible with the Basic Law |
| BVerfGE 130, 313-318 | Judgment of 14 February 2012 | 2 BvL 4/10 | Dissenting opinion of Justice Gerhardt |
| BVerfGE 130, 318-367 | Judgment of 28 February 2012 | 2 BvE 8/11 | On the transfer of the Bundestag’s rights of participation to a nine-member special panel (Act on the European Financial Stability Facility in the version of 9 October 2011) |
| BVerfGE 130, 367-371 | Order of 14 March 2012 | 2 BvQ 16/12 | Preliminary injunction: members of the Federal Convention have no right to participate in vote counting or to nominate “election observers” |
| BVerfGE 130, 372-403 | Order of 27 March 2012 | 2 BvR 2258/09 | Categorically preventing the time served in a psychiatric institution by criminal offenders from being credited against prison sentences imposed in other proceedings; § 67(4) of the Criminal Code is in part incompatible with Art. 2(2) second sentence of the Basic Law |