Bundesverfassungsgericht

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Decisions published in the Official Digest (BVerfGE)

Volume 49

Decisions

BVerfGE 49, 1-10Order of 20 June 19782 BvR 314/77Tax exemption for expense allowances of members of the German Bundestag
BVerfGE 49, 10-15Order of 1 August 19782 BvH 1/76Reorganisation of the federal territory; Land affiliation of Oldenburg
BVerfGE 49, 15-24Order of 1 August 19782 BvR 123/76Reorganisation of the federal territory; Land affiliation of Oldenburg
BVerfGE 49, 24-70Order of 1 August 19782 BvR 1013/77, 2 BvR 1019/77, 2 BvR 1034/77Contact Ban Act
BVerfGE 49, 70-89Order of 2 August 19782 BvK 1/77Extension of the subject matter of a parliamentary committee of enquiry (Schleswig-Holstein)
BVerfGE 49, 89-147Order of 8 August 19782 BvL 8/77Constitutionality of the Atomic Energy Act insofar as it permits the construction and operation of fast breeder reactors; specificity requirements in technical safety law
BVerfGE 49, 148-168Order of 9 August 19782 BvR 831/76Refusal of the Federal Court of Justice to accept an appeal (§ 554b Code of Civil Procedure)
BVerfGE 49, 168-188Order of 26 September 19781 BvR 525/77Adherence to the requirement of the protection of legitimate expectations with regard to the extension of residence permits for foreigners
BVerfGE 49, 189-192Order of 26 September 19781 BvR 772/78, 1 BvR 801/78, 1 BvR 957/78 inter aliaPreliminary injunction; capacity utilisation at universities
BVerfGE 49, 192-212Order of 27 September 1978 1 BvL 31/76, 1 BvL 4/77Delimitation of the group of persons entitled to pay pension insurance contributions in arrears
BVerfGE 49, 212-217Order of 27 September 1978 1 BvR 570/77Denial of the right to be heard
BVerfGE 49, 217-219Order of 27 September 1978 1 BvL 21/78Parties entitled to make a statement in specific judicial review proceedings
BVerfGE 49, 220-228Order of 27 September 1978 1 BvR 361/78Effective legal protection with regard to forced public auctions of property
BVerfGE 49, 228-243Order of 27 September 1978 1 BvR 361/78Dissenting opinion of Justice Böhmer
BVerfGE 49, 244-251Order of 10 October 19781 BvR 180/77Requirements for increasing rent under the Act on the Protection against Dismissal of Tenants
BVerfGE 49, 252-260Order of 10 October 19781 BvR 475/78Examination of a complaint of a violation of the right to be heard by the lower courts
BVerfGE 49, 260-276Order of 10 October 19782 BvL 10/77Reallocation of divorced civil servants who are not liable for support of their former spouses to cost-of-living allowance level 1
BVerfGE 49, 276-279Order of 10 October 19782 BvL 10/77Dissenting opinion of Justice Hirsch
BVerfGE 49, 280-285Order of 10 October 19782 BvL 3/78Compensation of witnesses without loss of earnings (housewives)
BVerfGE 49, 286-304Order of 11 October 19781 BvR 16/72Correction of the sex entry of a transsexual person
BVerfGE 49, 304-324Order of 11 October 19781 BvR 84/74Liability of an expert for the consequences of a grossly negligent false expert opinion
BVerfGE 49, 325-329Order of 11 October 19782 BvR 214/76Possibility of amending or revoking an order to stay proceedings (§ 69 Code of Procedure of Finance Courts) as a legal remedy within the meaning of § 90(2) of the Federal Constitutional Court Act
BVerfGE 49, 329 - 343Order of 11 October 19782 BvR 214/76Inadmissibility of a criminal procedural complaint lodged against a judicial search warrant after completion of the search
BVerfGE 49, 343-375Order of 12 October 19782 BvR 154/74Imposition of a levy to cover the expenses required by a reorganisation of municipal relations as a result of building measures (Schleswig-Holstein)
BVerfGE 49, 375-377Order of 23 October 19781 BvR 439/75Statement of religious affiliation on the income tax card
BVerfGE 49, 378-382Order of 24 October 19781 BvR 1080/78, 1 BvR 1098/78, 1 BvR 1103/78 inter aliaPreliminary injunction; admission to medical studies
BVerfGE 49, 382-400Order of 25 October 19781 BvR 352/71No remuneration-free reproduction of a work protected by copyright at a church service, a church celebration or other church event

Volume 48

Decisions

BVerfGE 48, 1-23Order of 15 February 19782 BvL 8/74Correction of bills at the time of promulgation; retroactive implementation by statute of the contents of a void ordinance
BVerfGE 48, 23-29Order of 15 February 19782 BvL 8/74Dissenting opinion of Justice Steinberger
BVerfGE 48, 29-40Order of 1 March 19781 BvL 24/76Inadmissibility of a referral (lack of a legal basis during a transitional period for expulsion from school; Schleswig-Holstein)
BVerfGE 48, 40-47Order of 1 March 19781 BvL 20/77Inadmissibility of a referral (possibility for the referring court to interpret a provision in conformity with the Constitution)
BVerfGE 48, 48-64Order of 15 March 19782 BvR 927/76Specificity of the penal provision of § 240(1) no. 4 of the Bankruptcy Code (old version)
BVerfGE 48, 64-94Order of 4 April 1978 2 BvR 1108/77Eligibility for election to the municipal council or city council of civil servants and full-time employees of legal entities under public or private law with more than 50% participation of a municipality
BVerfGE 48, 94-102Order of 4 April 1978 2 BvR 1108/77Dissenting opinion of Justice Niebler
BVerfGE 48, 102-118Order of 5 April 1978 1 BvR 117/73Review of the refusal of a tax waiver on grounds of equity
BVerfGE 48, 118-127Order of 7 April 1978 2 BvR 202/78Exercise of police powers of the presiding judge of a criminal division to search the defence lawyers
BVerfGE 48, 127-185Judgment of 13 April 19782 BvF 1/77, 2 BvF 2/77, 2 BvF 4/77, 2 BvF 5/77Unconstitutionality of the ‘conscription amendment’; right to conscientious objection to military service
BVerfGE 48, 185-206Judgment of 13 April 19782 BvF 1/77, 2 BvF 2/77, 2 BvF 4/77, 2 BvF 5/77Dissenting opinion of Justice Hirsch
BVerfGE 48, 206-209Order of 19 April 19781 BvR 596/77Denial of the right to be heard (reliance on a fact incorrectly considered to be common knowledge without hearing the person concerned)
BVerfGE 48, 210-227Order of 19 April 19782 BvL 2/75Reduction to a lump sum or waiver of the German income tax due on foreign income (§ 34c(3) of the Income Tax Act)
BVerfGE 48, 227-240Order of 26 April 19781 BvL 29/76Calculation of the levy to be charged under the Continuation of Wage Payments Act for companies using furlough scheme
BVerfGE 48, 240-246Order of 26 April 19781 BvR 257/77Reduction of notary fees to 20 per cent of the standard fees
BVerfGE 48, 246-271Order of 9 May 19782 BvR 952/75Involvement of honorary judges at the Federal Social Court in decisions on inadmissible non-admission complaints
BVerfGE 48, 271-281Order of 9 May 1978 2 BvC 2/77Electoral complaint; permissible campaign advertising (broadcasting time for parties; consideration of parties in radio and TV programmes; influence of the government; influence of an electoral error on the distribution of seats)
BVerfGE 48, 281-291Order of 30 May 1978 1 BvL 26/76Pension payments to German participants in the Spanish Civil War
BVerfGE 48, 292-299Order of 30 May 1978 1 BvR 352/78Provisional ban on practising as a lawyer
BVerfGE 48, 300-327Order of 30 May 1978 2 BvR 685/77Requirements for courts of honour for lawyers
BVerfGE 48, 327-341Order of 31 May 1978 1 BvR 683/77Right of spouses in marriages concluded between 1 April 1953 and 30 June 1976 to use the wife’s maiden name as their married name
BVerfGE 48, 341-346Order of 6 June 19781 BvR 98/76Time period for lodging a constitutional complaint following Federal Labour Court’s dismissal of a manifestly inadmissible appeal on grounds of divergence
BVerfGE 48, 346-367Judgment of 6 June 19781 BvR 102/76Social security pension of a widow amounting to 60% of the pension of her deceased husband
BVerfGE 48, 367-376Order of 14 June 19782 BvL 2/78Further appeal against decisions in press-related seizure proceedings
BVerfGE 48, 376-393Order of 20 June 19781 BvL 14/77Animal testing with surgical interventions by biologists
BVerfGE 48, 394-396Order of 20 June 19781 BvR 1029/77Denial of the right to be heard (failure to take into account a submission received within the time limit)
BVerfGE 48, 396-402Order of 20 June 19781 BvL 30/78, 1 BvL 31/78, 1 BvL 32/78 inter aliaRequirement to state reasons for detention orders to compel detainee to make a declaration in lieu of an oath
BVerfGE 48, 403-420Order of 20 June 19782 BvR 71/76Restriction of the granting of residential construction premiums by the Income Tax Reform Act 1974

Volume 47

Decisions

BVerfGE 47, 1-46Order of 11 October 19771 BvR 343/73, 1 BvR 83/74, 1 BvR 183/75, 1 BvR 428/75No deduction of expenses for a domestic helper employed to look after the children of working spouses as operating expenses or income-related expenses
BVerfGE 47, 46-85Order of 21 December 1977 1 BvL 1/75, 1 BvR 147/75Sex education at school
BVerfGE 47, 85-102Order of 21 December 1977 1 BvR 820/76, 1 BvR 1033/76Entry into force and transitional provisions of the First Marriage Reform Act (new maintenance law; pension sharing)
BVerfGE 47, 102-105Order of 21 December 1977 1 BvR 713/77Severe disadvantage within the meaning of § 93a(4) of the Federal Constitutional Court Act
BVerfGE 47, 105-109Order of 2 January 19782 BvR 33/77Recusal of a Federal Constitutional Court Justice in proceedings under § 93a(2) and (3) of the Federal Constitutional Court Act
BVerfGE 47, 109-128Order of 17 January 19781 BvL 13/76Nulla poena sine lege; requirements for circumscribing the preconditions of criminal liability and the nature and degree of the penalty (showing of pornographic films)
BVerfGE 47, 128-129Order of 17 January 19781 BvR 40/77Severe disadvantage (amount in appeal)
BVerfGE 47, 130-143Order of 17 January 19782 BvR 487/76Punishment of a member or supporter of a political party for anti-constitutional actions against the Federal Armed Forces and public security bodies without a declaration that the party is unconstitutional
BVerfGE 47, 144-146Order of 26 January 19781 BvR 1200/77Subsidiarity of the constitutional complaint
BVerfGE 47, 146-168Order of 31 January 19782 BvL 8/77Admissibility of specific judicial review proceedings prior to the taking of evidence in cases of general and fundamental importance for the common good and urgency of the decision on the referred question (§ 7 of the Atomic Energy Act)
BVerfGE 47, 168-182Order of 1 February 19781 BvR 411/75‘Previous occupation’ in the event of the occurrence of an insured event of occupational incapacity for persons who continue to be insured voluntarily
BVerfGE 47, 182-191Order of 1 February 19781 BvR 426/77Denial of the right to be heard
BVerfGE 47, 191-198Order of 14 February 19781 BvR 466/75Employer’s obligation to bear costs when works council members participate in trade union training events
BVerfGE 47, 198-239Order of 14 February 19782 BvR 523/75, 2 BvR 958/76, 2 BvR 977/76Refusal to broadcast campaign advertisements by radio and TV stations on grounds of anti-constitutional content and violation of criminal law
BVerfGE 47, 239-253Order of 14 February 19782 BvR 406/77Forced change of hair and beard style of an accused for the purpose of his identification
BVerfGE 47, 253-285Order of 15 February 19782 BvR 134/76, 2 BvR 268/76Electoral rules for district representations in the independent cities of North Rhine-Westphalia
BVerfGE 47, 285-327Order of 1 March 19781 BvR 786/70, 1 BvR 793/70, 1 BvR 168/71, 1 BvR 95/73Reduction of notary fees
BVerfGE 47, 327-419Order of 1 March 19781 BvR 333/75, 1 BvR 174/71, 1 BvR 178/71, 1 BvR 191/71Hesse University Law

Volume 46

Decisions

BVerfGE 46, 1-14Order of 4 October 19772 BvQ 8/77, 2 BvQ 9/77, 2 BvQ 11/77 inter aliaPreliminary injunction; barring of contact between defence counsel and remand prisoners detained on suspicion of terrorist acts
BVerfGE 46, 14-17Order of 4 October 19772 BvR 80/77Recusal of a Federal Constitutional Court Justice
BVerfGE 46, 17-34Order of 4 October 19772 BvR 80/77Constitutional complaint against court decisions on provisional suspension from office and withholding of remuneration; unjustified delay in disciplinary proceedings
BVerfGE 46, 34-42Order of 5 October 19772 BvL 10/75No ex officio examination of potential bias of a Federal Constitutional Court Justice
BVerfGE 46, 43-55Order of 5 October 19772 BvL 10/75Hamburg Lawyers’ Training Regulations; admission to the preparatory service without establishing a civil service relationship
BVerfGE 46, 55-66Order of 11 October 19771 BvL 8/74Exclusion of the divorced spouse entitled to maintenance from access to the unemployment benefits of a maintenance debtor
BVerfGE 46, 66-72Order of 11 October 1977 1 BvL 16/76Specific judicial review proceedings; relevance to the decision (amendment of the Leasehold Ordinance)
BVerfGE 46, 72-73Order of 11 October 1977 1 BvR 96/77Non-admission by the Senate (denial of the right to be heard)
BVerfGE 46, 73-96Order of 11 October 1977 2 BvR 209/76Works council in a non-profit Catholic hospital
BVerfGE 46, 97-120Order of 11 October 1977 2 BvR 407/76Reduction of two separate pension claims of an ‘ordinary’ civil servant
BVerfGE 46, 120-160Order of 12 October 1977 1 BvR 216/75, 1 BvR 217/75Public direct call network for the transmission of digital messages
BVerfGE 46, 160-165Judgment of 16 October 19771 BvQ 5/77Constitutional court review of government measures taken to combat life-threatening terrorist extortion (abduction of Dr. Schleyer)
BVerfGE 46, 166-185Order of 19 October 19772 BvR 42/76Admissibility of preliminary injunctions in social court proceedings
BVerfGE 46, 185-188Order of 19 October 19772 BvR 566/76Denial of the right to be heard (failure to take into account a subsequent submission)
BVerfGE 46, 188-194Order of 19 October 19772 BvR 689/76Prohibition of retroactive criminal laws (turning petty food theft from misdemeanour into a criminal offence)
BVerfGE 46, 194-195Order of 19 October 19772 BvR 1309/76Requirement of speedy justice in detention matters; interim revocation of an arrest warrant
BVerfGE 46, 196-199Order of 19 October 19772 BvC 1/77Electoral complaint; signatures under constituency proposal on official form; exclusion of non-party candidates from a Land list
BVerfGE 46, 200-201Order of 19 October 19772 BvC 3/77Electoral complaint; declaration of at least 100 persons entitled to vote that they join the complaint; application for blanket recusal of all Justices of a Senate
BVerfGE 46, 201-202Order of 19 October 19772 BvC 4/77Electoral complaint; declaration of at least 100 persons entitled to vote that they join the complaint; application for blanket recusal of all Justices of a Senate
BVerfGE 46, 202-213Order of 19 October 19772 BvR 462/77Right to ex officio appointment of a defence counsel at state expense in serious appellate cases
BVerfGE 46, 214-224Order of 20 October 19772 BvR 631/77Continuation of criminal proceedings and execution of sentences against criminals who have been freed through hostage-taking and extortion
BVerfGE 46, 224-246Order of 25 October 19771 BvR 15/75Trade tax liability of sales representatives
BVerfGE 46, 246-266Order of 25 October 19771 BvR 173/75Provisions on the production and sale of half-fat margarine
BVerfGE 46, 266-268Order of 25 October 19771 BvR 323/75Disclosure of religious denomination upon admission to a municipal hospital
BVerfGE 46, 268-298Order of 26 October 19771 BvL 9/72Inadmissibility of a referral; Bavarian Land Reform Act
BVerfGE 46, 299-313Order of 8 November 19771 BvL 6/75Constitutionality of fixing a cut-off date for taking up residence in the Federal Republic of Germany as a precondition for the discharge of Reich liabilities under the General Act on the Consequences of War
BVerfGE 46, 313-315Order of 8 November 19771 BvR 98/77Non-admission by the Senate (denial of the right to be heard)
BVerfGE 46, 315-321Order of 23 November 19771 BvR 481/77Denial of the right to be heard (failure to take into account a submission made at the first instance referred to by the defendant in the appellate proceedings)
BVerfGE 46, 321-325Order of 7 December 1977 1 BvR 148/75§ 34 of the Federal Constitutional Court Act as an independent provision on the reimbursement of expenses; costs for the participation of several lawyers in an oral hearing
BVerfGE 46, 325-337Order of 7 December 1977 1 BvR 734/77Guarantee of ownership in the case of a forced public auction with a highest bid far below the value of the property
BVerfGE 46, 337-342Order of 7 December 1977 2 BvF 1/77, 2 BvF 2/77, 2 BvF 4/77, 2 BvF 5/77Preliminary injunction; conscientious objection without special recognition procedure
BVerfGE 46, 342-404Order of 13 December 1977 2 BvM 1/76Enforcement of a judgment issued in respect of a non-sovereign act concerning claims from a current, general bank account of the embassy of a foreign state intended to cover embassy expenses and costs
BVerfGE 46, 404-406Order of 13 December 1977 2 BvR 598/77Denial of the right to be heard (reinstatement due to delay in letter delivery when filing a written objection)

Volume 45

Decisions

BVerfGE 45, 1-52Judgment of 25 May 19772 BvE 1/74Emergency competence of the Federal Minister of Finance under Art. 112 of the Basic Law
BVerfGE 45, 52-63Judgment of 25 May 19772 BvE 1/74Dissenting opinion of Justice Niebler
BVerfGE 45, 63-81Order of 7 June 1977 1 BvR 108/73, 1 BvR 424/73, 1 BvR 226/74No constitutional complaint by public authorities obliged to provide compensation for expropriation
BVerfGE 45, 82-83Order of 7 June 1977 2 BvR 1122/76Contents of a search warrant
BVerfGE 45, 83-104Order of 8 June 1977 1 BvL 4/75German-Dutch Finance Treaty
BVerfGE 45, 104-141Order of 8 June 19771 BvR 265/75‘Fathers and mothers harmed by tax reform’; maintenance payments by divorced, separated spouses and unmarried persons for their children
BVerfGE 45, 142-186Order of 8 June 19772 BvR 499/74, 2 BvR 1042/75Authorisation to issue retroactive regulations (restriction of intervention for common wheat and barley pursuant to Art. 7 of Regulation No. 120/67/EEC)
BVerfGE 45, 187-271Judgment of 21 June 19771 BvL 14/76Life imprisonment
BVerfGE 45, 272-297Order of 21 June 19772 BvR 70/75, 2 BvR 361/75Prohibition of joint defence in administrative fine proceedings
BVerfGE 45, 297-346Order of 10 May 19771 BvR 514/68, 1 BvR 323/69Legal expropriation; establishment of a public burden by the Hamburg Expropriation Act with regard to the designation of an underground facility for public traffic on the basis of a planning approval
BVerfGE 45, 346-354Order of 21 June 19772 BvL 2/76Infringement of Rules of Professional Practice of the Chamber of Architects of Lower Saxony
BVerfGE 45, 354-360Order of 21 June 19772 BvR 804/76Prohibition of joint defence of several defendants in the same criminal proceedings involving different offences
BVerfGE 45, 360-363Order of 21 June 19772 BvR 196/77Delay in the delivery of a letter in the case of a written objection to a penal order
BVerfGE 45, 363-376Order of 21 June 19772 BvR 308/77Specificity of criminal provisions on treason; rejection of an appeal against a judgment of a Higher Regional Court at first instance on grounds of incorrect rejection of an application for recusal of a judge
BVerfGE 45, 376-393Order of 22 June 19771 BvL 2/74Exclusion of a child injured before birth by an occupational disease of the insured mother from the benefits of statutory accident insurance
BVerfGE 45, 393-400Order of 22 June 19771 BvL 23/75Specificity requirements for the statutory restriction of parallel studies in overcrowded courses of study
BVerfGE 45, 400-421Order of 22 June 19771 BvR 799/76Hesse Law on the Reorganisation of Upper Secondary School
BVerfGE 45, 422-433Order of 6 July 19771 BvR 3/77Provisional removal from office of a notary
BVerfGE 45, 434-437Order of 7 September 1977 2 BvR 674/77The term ‘act’ in Art. 103(3) of the Basic Law (participation in a criminal organisation and acts committed ‘within the scope’ of this offence)

Volume 44

Decisions

BVerfGE 44, 1-37Order of 8 December 19761 BvR 810/70, 1 BvR 57/73, 1 BvR 147/76Validity of the old inheritance law applicable before the reform of the law relating to unmarried couples for non-marital children born before 1 July 1949
BVerfGE 44, 37-59Order of 8 February 19771 BvR 329/71, 1 BvR 217/73, 1 BvR 199/74 inter aliaStatutory time limit (‘period for consideration’) for effectiveness of a declaration of leaving the church; subsequent taxation of a person who left the church
BVerfGE 44, 59-70Order of 8 February 19771 BvL 7/71Taxation of a person who left the church until the end of the calendar month following the declaration to this effect
BVerfGE 44, 70-98Order of 9 February 19771 BvL 11/74, 1 BvL 2/75, 1 BvL 11/75 inter aliaPersons covered by statutory (health) insurance for farmers
BVerfGE 44, 98-103Order of 16 February 19772 BvR 80/77Preliminary injunction; provisional suspension of a civil servant for life because of active involvement in the Communist League of West Germany
BVerfGE 44, 103-104Order of 17 February 19771 BvR 33/76Withholding and payment of church income tax by the employer
BVerfGE 44, 105-124Order of 2 March 19771 BvR 124/76Provisional prohibition on lawyer to practise profession
BVerfGE 44, 124-125Order of 2 March 19772 BvR 424/75No decision on the merits relating to law that is no longer in force (imprisonment)
BVerfGE 44, 125-167Judgment of 2 March 19772 BvE 1/76Interference by the Federal Government in the 1976 Bundestag election campaign through measures described as public relations work
BVerfGE 44, 167-181Judgment of 2 March 19772 BvE 1/76Dissenting opinion of Justice Geiger
BVerfGE 44, 181-197Judgment of 2 March 19772 BvE 1/76Dissenting opinion of Justice Rottmann
BVerfGE 44, 197-205Order of 2 March 19772 BvR 1319/76Political activity in the Federal Armed Forces for a political group
BVerfGE 44, 205-209Order of 2 March 19772 BvR 1319/76Dissenting opinion of Justice Rottmann
BVerfGE 44, 209-210Order of 2 March 19772 BvR 1319/76Dissenting opinion of Justice Hirsch
BVerfGE 44, 211-216Order of 22 March 19772 BvR 782/76Postponement of a woman’s appointment as a probationary civil servant because of her expected childbirth
BVerfGE 44, 216-227Order of 23 March 19772 BvR 812/74Beverage tax levied in Bavaria
BVerfGE 44, 227-245Order of 23 March 19772 BvL 9/75Police allowance for pensioners in Hamburg
BVerfGE 44, 245-249Order of 29 March 19772 BvE 1/77Preliminary injunction; reform of the legal relationships of members of the German Bundestag
BVerfGE 44, 249-283Order of 30 March 19772 BvR 1039/75, 2 BvR 1045/75Insufficient remuneration of civil servants, judges and soldiers due to costs of maintenance, schooling and vocational training of children
BVerfGE 44, 283-290Order of 19 April 19771 BvL 17/75Legislator’s leeway with regard to transitional provisions applicable for short duration
BVerfGE 44, 290-296Order of 19 April 19771 BvL 1/76, 1 BvL 2/76, 1 BvL 3/76Legislator’s leeway with regard to transitional provisions applicable for short duration; improvements to benefits under the Federal Training Assistance Act
BVerfGE 44, 297-302Order of 19 April 19771 BvL 25/76Admissibility of a submission under Art. 100(1) of the Basic Law; relevance to the decision (§ 170b Criminal Code – violation of the obligation to pay maintenance)
BVerfGE 44, 302-307Order of 4 May 19772 BvR 616/75Reinstatement in the event of failure to observe the time limit for lodging an appeal due to delay in postal delivery
BVerfGE 44, 308-322Order of 10 May 19772 BvR 705/75Presence of a minimum number of members of the Bundestag at the final vote on the adoption or rejection of a bill (Weapons Act 1972)
BVerfGE 44, 322-353Order of 24 May 19772 BvL 11/74Declaration of general applicability of collective agreements
BVerfGE 44, 353-384Order of 24 May 19772 BvR 988/75Seizure of client records at a publicly recognised addiction counselling agency

Volume 43

Decisions

BVerfGE 43, 1-12Order of 12 October 19761 BvR 2328/73No deduction of wealth tax in the income tax assessment of persons with limited income tax liability
BVerfGE 43, 13-27Order of 12 October 19761 BvL 9/74No accumulation of orphans’ pensions for full orphans whose parents contributed to the statutory pension scheme
BVerfGE 43, 27-34Order of 12 October 19761 BvL 18/75Inadmissibility of a referral for specific judicial review proceedings (untenable legal view of the referring court; showing of pornographic films)
BVerfGE 43, 34-47Judgment of 13 October 19761 BvR 135/75Numerus clausus; entry into a higher semester on the basis of proof of creditable achievements
BVerfGE 43, 47-53Judgment of 13 October 19761 BvR 92/76, 1 BvR 103/76, 1 BvR 104/76 inter aliaPreliminary injunction. Crediting of study periods in another subject towards the waiting period for admission to a course of study
BVerfGE 43, 53-58Order of 26 October 19761 BvR 252/73Interest for retrospective payment of an accident annuity
BVerfGE 43, 58-75Order of 26 October 19761 BvR 191/74Value added tax burden on medical laboratory associations and commercial analysis companies
BVerfGE 43, 75-79Order of 27 October 19762 BvR 511/76Reinstatement; delay in postal delivery
BVerfGE 43, 79-95Order of 28 October 19762 BvR 23/76Defence of several accused persons by lawyers of the same law firm
BVerfGE 43, 95-100Order of 9 November 19762 BvR 719/75Reinstatement; absence from residence due to illness; substantiation of a ground for reinstatement in the notice of appeal
BVerfGE 43, 101-108Order of 9 November 19762 BvL 1/76Enforcement of a decision imposing a fine; imprisonment for enforcement in the case of petty fines; no crediting of the imprisonment for enforcement against the fine
BVerfGE 43, 108-125Order of 23 November 1976 1 BvR 150/75Consideration of maintenance expenses for children in income tax law
BVerfGE 43, 126-130Order of 7 December 19761 BvR 460/72Self-recusal of a Federal Constitutional Court Justice
BVerfGE 43, 130-141Order of 7 December 19761 BvR 460/72Consideration of Art. 5(1) of the Basic Law when determining the content of a statement in political discourse
BVerfGE 43, 142-150Order of 14 December 19762 BvR 802/75Rules of procedure for the Bavarian Landtag; parliamentary group status of FDP deputies
BVerfGE 43, 151-154Order of 14 December 19762 BvR 99/76Denial of the right to be heard; postal delay when filing a written objection
BVerfGE 43, 154-177Order of 15 December 19762 BvR 841/73Traditional principles of the career civil service system; dismissal of a probationary civil servant without taking into account the special circumstances of the case
BVerfGE 43, 177-197Order of 15 December 19762 BvR 841/73Dissenting opinion of Justices Wand and Niebler
BVerfGE 43, 198-203Order of 21 December 19761 BvR 799/76Preliminary injunction; reform of upper secondary school in Hesse
BVerfGE 43, 203-211Order of 25 January 19771 BvR 210/74, 1 BvR 221/74, 1 BvR 222/74 inter aliaTreaty between Germany and Czechoslovakia
BVerfGE 43, 212-213Order of 25 January 19771 BvR 1022/76Preliminary injunction; prohibition to execute a deportation order
BVerfGE 43, 213-231Order of 26 January 19771 BvL 17/73Foreign Pensions Act; allocation of lower earnings to women than to men
BVerfGE 43, 231-242Order of 26 January 19771 BvL 7/76No consideration of losses from other types of income when deducting wage tax
BVerfGE 43, 242-291Judgment of 8 February 19771 BvR 79/70, 1 BvR 278/70, 1 BvR 282/70University statutes; lecturers under Hamburg university law; interference with a legal position based on an appointment agreement
BVerfGE 43, 291-400Judgment of 8 February 19771 BvF 1/76, 1 BvL 7/75, 1 BvL 8/75 inter aliaSelection rules for degree courses with restricted admissions; obligation to replace the current system of allocating available study places according to grades and waiting periods; assessment of Land quotas; obstacles to admission to a second degree course; consideration of practical vocational training and activities; rule for study periods in another subject

Volume 42

Decisions

BVerfGE 42, 1-11Order of 9 March 19762 BvR 618/75Execution of preventive detention ordered in a sentence prior to a decision regarding necessity by the criminal division responsible for execution of sentences
BVerfGE 42, 11-20Order of 9 March 19762 BvR 618/75Dissenting opinion of Justice Hirsch
BVerfGE 42, 20-37Order of 10 March 19761 BvR 355/67Damage to publicly owned roads, paths and equipment (Hamburg)
BVerfGE 42, 38-42Order of 23 March 19762 BvL 11/75Amusement tax for the operation of gaming, skill and entertainment machines (Lower Saxony)
BVerfGE 42, 42-53Order of 24 March 19761 BvL 7/74No judicial review proceedings concerning questions of law which will be of no significance for a decision on the actual issue in the main proceedings
BVerfGE 42, 53-64Order of 24 March 19762 BvP 1/75Electoral complaint; referendum in the (former) administrative district of Montabaur
BVerfGE 42, 64-79Order of 24 March 19762 BvR 804/75Arbitrary interpretation and application of procedural law as a violation of Art. 3(1) of the Basic Law; violation of the judicial duty to ask questions and to investigate the facts
BVerfGE 42, 79-88Order of 24 March 19762 BvR 804/75Dissenting opinion of Justice Geiger
BVerfGE 42, 88-90Order of 6 April 1976 2 BvR 812/74Application for recusal of a Federal Constitutional Court Justice on grounds of bias
BVerfGE 42, 90-91Order of 6 April 1976 2 BvL 10/75Inadmissibility of the application for recusal of a Federal Constitutional Court Justice in specific judicial review proceedings by the applicant in the initial proceedings
BVerfGE 42, 91-95Order of 6 April 1976 2 BvL 12/75UInadmissibility of a referral; no relevance to the decision if the referring court is bound by the legal view of the appellate court; request by the public prosecution office for a hearing
BVerfGE 42, 95-103Order of 6 April 1976 2 BvR 61/76Permission for spouses and children of remand prisoners to visit outside the general visiting days
BVerfGE 42, 103-120Judgment of 7 April 19762 BvH 1/75State Treaty on the Allocation of Study Places as a treaty under administrative law
BVerfGE 42, 120-128Order of 7 April 1976 2 BvR 728/75Reinstatement; penalty order or order imposing a fine on a foreigner without instructions on legal remedies which he can understand
BVerfGE 42, 128-132Order of 7 April 1976 2 BvR 847/75Reinstatement; end of the period for lodging an objection in the letterbox of an authority on the last day of the period for lodging an objection
BVerfGE 42, 133-143Order of 28 April 19761 BvR 71/73Effect of the fundamental right under Art. 5(1) of the Basic Law on the interpretation of laws restricting freedom of expression in the workplace; election advertising of a coalition in the workplace prior to general political elections
BVerfGE 42, 143-154Order of 11 May 19761 BvR 671/70Limits of constitutional review of decisions of the ordinary courts in civil disputes; permissibility of disparaging value judgements in political disputes
BVerfGE 42, 154-162Order of 11 May 19761 BvR 671/70Dissenting opinion of Justice Rupp-v. Brünneck
BVerfGE 42, 162-163Order of 11 May 19761 BvR 671/70Dissenting opinion of Justice Simon
BVerfGE 42, 163-172Order of 11 May 19761 BvR 163/72Like no. 15
BVerfGE 42, 172-176Order of 11 May 19762 BvR 1027/75Denial of the right to be heard in proceedings to compel the public prosecution office to press charges
BVerfGE 42, 176-191Order of 12 May 19761 BvL 31/73Crediting of severance pay granted on premature termination of employment relationship against entitlement to unemployment benefit
BVerfGE 42, 191-205Order of 25 May 19762 BvL 1/75Authorisation in the Passenger Transport Act to fix transport charges for occasional transport of patients
BVerfGE 42, 206-212Order of 26 May 19762 BvL 13/75Appointment of two agricultural assessors to the Agricultural Court
BVerfGE 42, 212-223Order of 26 May 19762 BvR 294/76Requirements for a written search warrant; indication of the accusation and of the type or expected content of the evidence sought
BVerfGE 42, 223-229Order of 26 May 19762 BvR 995/75Baden-Württemberg tourist tax
BVerfGE 42, 229-234Order of 16 June 19762 BvR 342/75Execution of preventive detention; refusal to hand over clothes that a prisoner intends to sell or pawn
BVerfGE 42, 234-237Order of 16 June 19762 BvR 97/76Execution of remand detention; withholding a letter written by a prisoner in remand detention to his wife that insults third parties
BVerfGE 42, 237-243Order of 29 June 19762 BvR 948/75Violation of the principle of one’s lawful judge; deviation of a Higher Regional Court from the decision of the Federal Court of Justice without referral to the latter
BVerfGE 42, 243-252Order of 30 June 19762 BvR 164/76Denial of the right to be heard; decision rendered before expiry of a time limit set for a party to make a statement; subsidiarity of the constitutional complaint; subsequent hearing under § 33a of the Code of Criminal Procedure as a legal remedy within the meaning of § 90(2) of the Federal Constitutional Court Act
BVerfGE 42, 252-257Order of 30 June 19762 BvR 212/76Reinstatement as a legal remedy within the meaning of § 90(2) of the Federal Constitutional Court Act
BVerfGE 42, 258-260Order of 30 June 19762 BvR 284/76Denial of the right to be heard; reinstatement in case of delay in postal delivery of a written objection
BVerfGE 42, 261-263Order of 30 June 19762 BvR 435/76Severe and unavoidable disadvantage within the meaning of § 93a(4) of the Federal Constitutional Court Act
BVerfGE 42, 263-312Judgment of 8 July 19761 BvL 19/75, 1 BvL 20/75, 1 BvR 148/75Indication of the relevant point in time of the entry into force of a law; statutory reorganisation of claims already established (Art. 14(1) second sentence of the Basic Law); law on the establishment of a ‘Relief organisation for children with disabilities’ (Contergan disabilities)
BVerfGE 42, 312-345Order of 21 September 1976 2 BvR 350/75Leave of absence of priests and church officials for the duration of a parliamentary mandate in the Bundestag or in the legislative bodies of a Land
BVerfGE 42, 345-364Judgment of 22 September 19762 BvH 1/74Final Protocol to the State Treaty between Prussia and Waldeck-Pyrmont on the Unification of the Territorial District of Pyrmont with Prussia; dissolution of the Bad Pyrmont Local Court
BVerfGE 42, 364-374Order of 5 October 19762 BvR 558/75Denial of the right to be heard; insufficient consideration of a party’s submissions; judgment by default despite failure to call a case in the waiting area outside the courtroom
BVerfGE 42, 374-397Order of 12 October 19761 BvR 197/73Addition of permanent debt and permanent debt interest to the trade tax assessment base in the pawn broking trade

Volume 41

Decisions

BVerfGE 41, 1-22Order of 16 December 19752 BvL 7/74No application of the principles for general political elections to elections to judicial councils and presidential councils (Lower Saxony)
BVerfGE 41, 23-28Order of 16 December 19752 BvR 854/75Delay in postal delivery of a written objection to a penal order
BVerfGE 41, 29-64Order of 17 December 19751 BvR 63/68Christian community school in the Baden tradition in the Land Baden-Württemberg
BVerfGE 41, 65-88Order of 17 December 19751 BvR 428/69Inter-denominational schools as uniform type of school for public primary schools in Bavaria
BVerfGE 41, 88-121Order of 17 December 19751 BvR 548/68Inter-denominational schools in North Rhine-Westphalia
BVerfGE 41, 121-126Order of 17 December 19751 BvL 24/75Mitigation of sentence if perpetrator was unaware that the act in question was unlawful
BVerfGE 41, 126-193Order of 13 January 19761 BvR 631/69, 1 BvR 24/70Reparations Damages Act; exclusion of legal persons from compensation
BVerfGE 41, 193-204Order of 13 January 19761 BvR 67/70Reparation Damages Act; exclusion of compensation for shareholders of corporations domiciled in the Federal Republic of Germany
BVerfGE 41, 205-228Order of 14 January 19761 BvL 4/72, 1 BvL 5/72Building insurance monopoly of the Badische Gebäudeversicherungsanstalt
BVerfGE 41, 228-231Order of 21 January 19762 BvR 391/64Objection to the assessment of costs for proceedings before the Federal Constitutional Court (hearing fee)
BVerfGE 41, 231-243Order of 21 January 19762 BvR 572/74Preventing a lawyer from representing a client in administrative fine proceedings before the district regulatory authority in view of his membership in the district council and the district committee (prohibition of representation under municipal law)
BVerfGE 41, 243-246Order of 21 January 19762 BvL 10/75Hamburg Lawyers’ Training Regulations; admission to practical training of law candidates who do not offer a guarantee of support for the free democratic basic order; preliminary injunction
BVerfGE 41, 246-250Order of 21 January 19762 BvR 941/75Main hearing in absentia of the accused in the Baader-Meinhof trial
BVerfGE 41, 251-269Order of 27 January 19761 BvR 2325/73Exclusion of a person from a second-chance educational institution without a legal basis
BVerfGE 41, 269-291Order of 10 February 19761 BvL 8/73Valuation of property for inheritance tax purposes at the standard rateable values determined on the basis of the value ratios of 1935
BVerfGE 41, 291-314Order of 10 February 19762 BvG 1/74The term ‘further details’ within the meaning of Art. 104a (4) second sentence of the Basic Law in the granting of financial assistance by the Federation to the Länder
BVerfGE 41, 314-323Order of 11 February 1976 2 BvL 2/73Criminal liability for breaches of provisions on the keeping of lists concerning employees working from home
BVerfGE 41, 323-329Order of 11 February 19762 BvR 652/75Time limit to appeal against a penalty notice expires at the end of the day, not at the end of office hours
BVerfGE 41, 329-332Order of 11 February 19762 BvR 691/75Delivery of a blank postcard addressed to a prisoner
BVerfGE 41, 332-341Order of 11 February 19762 BvR 849/75Reinstatement in the case of temporary, holiday-related absence from one’s permanent home; ‘simple declaration’ to demonstrate grounds for reinstatement
BVerfGE 41, 341-344Order of 11 February 19762 BvR 930/75Delay in postal delivery when filing a written objection
BVerfGE 41, 344-356Order of 24 February 1976 2 BvL 5/73Federal legislative competence for the law on systems requiring inspection (§ 24 of the German Trade and Industry Code)
BVerfGE 41, 356-360Order of 24 February 1976 2 BvR 813/75Delay in postal delivery when filing a written objection
BVerfGE 41, 360-377Order of 25 February 1976 1 BvL 26/73, 1 BvR 326/73Ban on night baking
BVerfGE 41, 378-399Order of 25 February 1976 1 BvR 8/74, 1 BvR 275/74Geographical limitation of lawyers’ authorisation to act as authorised representatives (legal counsel)
BVerfGE 41, 399-426Order of 9 March 19762 BvR 89/74Reimbursement of election campaign expenses for an independent candidate running in the Bundestag elections

Volume 40

Decisions

BVerfGE 40, 1-6Order of 22 May 19752 BvR 300/75Appointment of a defence counsel also necessary in the case of a three-month prison sentence
BVerfGE 40, 6-7Order of 27 May 19751 BvR 517/72Application for recusal of a Federal Constitutional Court Justice on grounds of bias; inadmissibility
BVerfGE 40, 7-11Order of 27 May 19751 BvR 147/75Preliminary injunction; sex education in schools
BVerfGE 40, 11-41Order of 3 June 19752 BvC 1/74Electoral complaint; secondary residence of Berlin citizens
BVerfGE 40, 42-46Order of 3 June 1975 2 BvR 99/74Denial of the right to be heard; requirements regarding application for reinstatement due to failure to observe the time limit for lodging an objection by registered letter
BVerfGE 40, 46-51Order of 3 June 1975 2 BvR 457/74Denial of the right to be heard; requirements regarding application for reinstatement due to failure to observe the time limit for lodging an objection against an administrative order imposing a fine
BVerfGE 40, 52-55Order of 4 June 1975 2 BvL 16/73Hesse Amusement Tax Act
BVerfGE 40, 56-64Order of 4 June 1975 2 BvR 824/74North Rhine-Westphalia Amusement Tax Act
BVerfGE 40, 65-88Order of 9 June 1975 1 BvR 2261/73, 1 BvR 2268/73On family assistance benefits from an additional voluntary health insurance scheme for miners being replaced by the spouse’s own statutory health insurance; if the spouse of the beneficiary of a miner’s pension is covered by statutory health insurance, no possibility for that spouse to join the miners’ health insurance scheme
BVerfGE 40, 88-95Order of 10 June 1975 2 BvR 1018/74Denial of the right to be heard; requirements regarding an application for reinstatement due to failure to observe the time limit for lodging an objection against a penalty order (holiday-related absence); binding effect on the courts of the Federal Constitutional Court’s declaration of unconstitutionality of possible interpretations of ordinary law
BVerfGE 40, 95-100Order of 10 June 19752 BvR 1074/74Denial of the right to be heard; reinstatement; information as to legal remedies for a foreigner who is not sufficiently proficient in German
BVerfGE 40, 101-106Order of 10 June 19752 BvR 1086/74Denial of the right to be heard; failure to take into account a submission that was placed in the wrong files
BVerfGE 40, 106-109Order of 16 June 19752 BvR 310/75Appointment of a defence counsel also necessary in the case of a three-month prison sentence
BVerfGE 40, 109-120Order of 18 June 19751 BvR 528/72No trade tax privilege for partnerships with a substantial stake in a corporation
BVerfGE 40, 121-140Order of 18 June 19751 BvL 4/74Orphans who cannot support themselves as a result of physical or mental infirmity only entitled to receive orphan’s pension from employees’ insurance until they reach the age of 25
BVerfGE 40, 141-179Order of 7 July 19751 BvR 274/72, 1 BvR 209/72, 1 BvR 195/73 inter aliaTreaties of Moscow and Warsaw (Eastern Treaties)
BVerfGE 40, 179-182Order of 7 July 19751 BvR 186/75Preliminary injunction; suspension of the withdrawal of a licence to practise as a doctor in the statutory health insurance scheme
BVerfGE 40, 182-187Order of 8 July 19752 BvR 1099/74Denial of the right to be heard; requirements regarding an application for reinstatement due to failure to observe the time limit for lodging an objection against an administrative order imposing a fine (holiday-related absence)
BVerfGE 40, 187-195Order of 9 July 19751 BvR 572/70, 1 BvR 708/70, 1 BvR 791/70 inter aliaComplainant only affected by the bylaws enacted to implement a law, rather than by the law itself (NRW Higher Education Act)
BVerfGE 40, 196-232Order of 14 October 19751 BvL 35/70, 1 BvR 307/71, 1 BvR 61/73 inter aliaFixing of maximum numbers of motor vehicles for general long-distance goods transport; fixing of maximum numbers of vehicles for long-distance furniture transport
BVerfGE 40, 233-237Order of 14 October 19751 BvR 370/72, 1 BvR 2190/73Lawyers' fees in non-property disputes
BVerfGE 40, 237-260Order of 28 October 1975 2 BvR 883/73, 2 BvR 379/74, 2 BvR 497/74, 2 BvR 526/74Preliminary proceedings before application for judicial decision in prison matters (North Rhine-Westphalia)
BVerfGE 40, 260-261Order of 28 October 1975 2 BvR 883/73, 2 BvR 379/74, 2 BvR 497/74, 2 BvR 526/74Dissenting opinion of Vice-President Seuffert
BVerfGE 40, 261-268Order of 28 October 1975 2 BvL 9/74Lower Saxony Building Code; division of a plot of land with the approval of the building supervisory authority
BVerfGE 40, 268-272Order of 28 October 1975 2 BvR 258/75Lawful judge; decision on application for annulment of a disciplinary measure (Code of Military Discipline) with the participation of a presiding judge who was involved in the appeal decision on the disciplinary measure
BVerfGE 40, 272-276Order of 29 October 1975 2 BvR 630/73Guarantee of legal protection; complaint against denial of leave to appeal and, ‘subsidiarily’, appeal to the Federal Finance Court
BVerfGE 40, 276-286Order of 29 October 19752 BvR 812/73Interference with prisoners’ fundamental rights (delivery of the paper ‘St. Pauli-Nachrichten’); obligation of the legislator to enact a Prison Act
BVerfGE 40, 287-294Order of 29 October 19752 BvE 1/75Description of the NPD as a party with anti-constitutional aims in the 1973 report for the protection of the Constitution
BVerfGE 40, 294-296Order of 4 November 1975 2 BvR 804/75Preliminary injunction; suspension of the award decision on a plot of land
BVerfGE 40, 296-352Judgment of 5 November 19752 BvR 193/74Compensation for members of Parliament as a form of income; taxation of their remuneration; civil servant salaries or substitute allowances while they are members of Parliament; remuneration of members of Parliament from an employment relationship, consultancy contract etc.
BVerfGE 40, 296-352Judgment of 5 November 19752 BvR 193/74Dissenting opinion of Vice-President Seuffert
BVerfGE 40, 352-356Order of 6 November 1975 1 BvR 358/75Provisional admission to pre-clinical medical studies in cases of insufficient capacity utilisation
BVerfGE 40, 356-371Order of 3 December 19752 BvL 7/74Lawful judge; exclusion of re-election of Federal Constitutional Court Justices
BVerfGE 40, 371-384Order of 10 December 19751 BvR 118/71Prohibition of driving for purely advertising services under road traffic law