Bundesverfassungsgericht

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Decisions published in the Official Digest (BVerfGE)

Volume 79

Decisions

BVerfGE 79, 1-29Order of 11 October 19881 BvR 777/85, 1 BvR 882/85, 1 BvR 1239/85On the subsidiarity of constitutional complaints directly challenging a law ‒ Calculation of copyright levies on sound or image recording devices designed to duplicate protected works
BVerfGE 79, 29-47Order of 11 October 19881 BvR 743/86, 1 BvL 80/86On whether copyright holders have a right to special remuneration for the public broadcasting of protected works in detention facilities
BVerfGE 79, 47-48Order of 11 October 19882 BvC 1/88On the constitutionality of the requirement that a complaint against a Bundestag decision regarding the validity of elections is only admissible if 100 eligible voters join the complaint ‒ Electoral scrutiny proceedings
BVerfGE 79, 49-49Order of 11 October 19882 BvC 2/88On the constitutionality of a provision in the Federal Constitutional Court Act excluding the possibility for a group of eligible voters to lodge a complaint against a Bundestag decision concerning the validity of elections ‒ Electoral scrutiny proceedings
BVerfGE 79, 50-51Order of 11 October 19882 BvC 5/88Lack of substantiation in electoral scrutiny proceedings
BVerfGE 79, 51-68Order of 12 October 19881 BvR 818/88On whether a child may be removed from their foster family and placed with the adoptive family even if adverse psychological effects on the child due to the separation from the foster family cannot be ruled out
BVerfGE 79, 69-79Order of 25 October 19882 BvR 745/88On whether district councillors can assume office if they refuse to take the prescribed oath and make a solemn assurance in its stead ‒ Constitutional complaint challenging the denial of a preliminary injunction
BVerfGE 79, 80-87Order of 8 November 1988 1 BvR 1527/87Requirements for increasing rent under the Second Act on the Protection against Dismissal of Tenants
BVerfGE 79, 87-105Order of 9 November 1988 1 BvL 22/84, 1 BvL 71/86, 1 BvL 9/87Suspension of the full amount of the statutory sickness benefit if it exceeds the injury benefit from the statutory accident insurance or the transitional benefit from the statutory retirement insurance
BVerfGE 79, 106-126Order of 9 November 1988 1 BvR 243/86On whether the widow of a manager of a limited partnership is liable to pay inheritance tax on the survivor’s pension guaranteed in the partnership agreement
BVerfGE 79, 127-161Order of 23 November 1988 2 BvR 1619/83, 2 BvR 1628/83On the constitutionality of transferring waste disposal powers from the municipal to the district level (Lower Saxony)
BVerfGE 79, 161-169Order of 23 November 19882 BvC 3/88Electoral scrutiny proceedings ‒ On the manner of publicly announcing constituency nominations for Bundestag elections and the constitutionality of disregarding the second vote on the ballot paper, which is cast for a political party, if the first vote was cast for an independent candidate who won the direct constituency seat
BVerfGE 79, 169-172Order of 24 November 19882 BvC 4/88On the constitutionality of overhang mandates – Electoral scrutiny proceedings
BVerfGE 79, 173-174Order of 24 November 19882 BvC 6/88Electoral scrutiny proceedings ‒ Inadmissibility due to lack of prior objection in the Bundestag and manifest unfoundedness given the absence of significant electoral errors
BVerfGE 79, 174-203Order of 30 November 19881 BvR 1301/84On constitutional noise control requirements for public road construction
BVerfGE 79, 203-211Order of 30 November 19881 BvR 37/85No entry of the legitimacy of the child of an Algerian father in the birth register after marriage to the mother of the child born out of wedlock
BVerfGE 79, 212-223Order of 6 December 19881 BvL 5/85, 1 BvL 6/85Amendment to the Lawyers’ Training Act in North Rhine-Westphalia ‒ On the principle of equal opportunity and cut-off dates after which changes to examination regulations apply
BVerfGE 79, 223-239Order of 6 December 19882 BvL 18/84Calculation of health insurance contributions due from retired persons who receive both statutory retirement benefits and civil service pension benefits
BVerfGE 79, 240-245Order of 7 December 19881 BvL 27/88Inadmissible referral from a court ‒ Provisions in the Census and Federal Statistics Act that make non-compliance punishable by fine (information obligations; statistical linkage and small-scale structuring of collected data)
BVerfGE 79, 245-252Order of 13 December 19882 BvL 1/84Widow’s pension provisions under the Pension Statute issued under the Hamburg Medical Association Act ‒ Inadmissible referral from a court
BVerfGE 79, 252-255Order of 10 January 1989 1 BvL 17/87Granting of legal aid in specific judicial review proceedings
BVerfGE 79, 255-255Order of 11 January 1989 2 BvF 3/85Withdrawal of an application in abstract judicial review proceedings (Hesse Staff Representation Act)
BVerfGE 79, 256-274Order of 31 January 1989 1 BvL 17/87On whether a child upon reaching the age of majority may contest their status as legitimate child in order to obtain clarification of biological parentage
BVerfGE 79, 275-282Order of 1 February 19891 BvR 1290/85Inadmissibility of a constitutional complaint against a preliminary injunction by an administrative court that was lodged after the subject matter in dispute was resolved by the passage of time and that challenged an administrative act whose lawfulness could have been clarified in the principal proceedings (scenic performance of the poem Legend of the dead soldier by Bertholt Brecht in the cemetery of the city of Bitburg)
BVerfGE 79, 283-292Judgment of 14 February 19891 BvR 1131/87Termination of a private home tenancy agreement by the landlord on grounds of inappropriate economic exploitation of the property
BVerfGE 79, 292-310Judgment of 14 February 19891 BvR 308/88, 1 BvR 336/88, 1 BvR 356/88Tenancy termination by landlords on grounds of need for personal use
BVerfGE 79, 311-357Judgment of 18 April 1989 2 BvF 1/82On exceeding the maximum credit limit set under Art. 115(1) first sentence first half sentence of the Basic Law
BVerfGE 79, 357-364Order of 28 February 19891 BvR 1046/85Calculating the monetary value of lawyers’ professional activities in constitutional complaint proceedings; calculation principles for test cases
BVerfGE 79, 365-371Order of 28 February 19891 BvR 1291/85Calculating the monetary value of lawyers’ professional activities in constitutional complaint proceedings; fixing the remuneration of a settlement officer
BVerfGE 79, 372-378Order of 28 February 19891 BvR 649/88Denial of reinstatement of former procedural position following legal counsel’s failure to comply with the time limit to substantiate an appeal due to work overload
BVerfGE 79, 379-385Beschluss vom 7. März 19892 BvQ 2/89On the legal ability of an alleged political party to be a party to Organstreit proceedings (Nationale Sammlung)

Volume 78

Decisions

BVerfGE 78, 1-6Order of 27 January 1988 1 BvL 2/86Inadmissible referral from a court ‒ On whether the youth welfare office, as curator of a child born out of wedlock, may assert maintenance claims against the mother
BVerfGE 78, 7-20Order of 2 February 19882 BvR 702/84, 2 BvR 1106/84Rejection of an application against a court judgment terminating an applicant’s stay with immediate final effect under the Asylum Procedure Act ahead of a final decision on an application under § 80(5) of the Code of Administrative Court Procedure in conjunction with § 10(4) of the Asylum Procedure Act
BVerfGE 78, 20-25Order of 9 February 19881 BvL 23/86Inadmissible referral from a court concerning the way in which a court of higher instance interpreted a provision; claim to a widow’s pension under the Federal Pension Act in cases in which the bereaved spouse had been married more than twice
BVerfGE 78, 25-31Order of 24 February 1988 2 BvL 3/87Inadmissible referral from a court; on whether the military service obligation may also be discharged through civilian service
BVerfGE 78, 32-38Order of 25 February 1988 2 BvL 26/84Inadmissible referral from a court; cash compensation for former employees in the mining industry who are entitled to receive coal for heating their homes under the Lower Saxony Miners Benefit Act
BVerfGE 78, 38-58Order of 8 March 1988 1 BvL 9/85, 1 BvL 43/86On whether spouses are obliged to take a joint surname
BVerfGE 78, 58-77Order of 8 March 1988 1 BvR 1092/84Amendment of rules for geographic designations of origin for wines, liqueur wines, sparkling wines, wine-based drinks and wine spirits
BVerfGE 78, 77-88Order of 9 March 1988 1 BvL 49/86Public announcement of legal incapacitation on the grounds of alcoholism or profligacy
BVerfGE 78, 88-100Order of 17 March 1988 2 BvR 233/84Refusal by the appeal court to grant an application for legal aid in an asylum law case without examining the success prospects of the legal action (in cases in which the court of first instance rejected the claim on grounds of a lack of sufficient prospects for success)
BVerfGE 78, 101-104Order of 23 March 19881 BvR 686/86Public broadcasting organisations cannot assert a violation of Art. 14(1) first sentence of the Basic Law
BVerfGE 78, 104-123Order of 26 March 19881 BvL 84/86On whether payment by instalments of legal aid granted to a party to the proceedings jeopardises the party’s right to a minimum standard of living
BVerfGE 78, 123-127Order of 26 March 19881 BvR 669/87, 1 BvR 686/87, 1 BvR 687/87Forewarning in case of intended dismissal of an appeal due to an illegible signature under the appeal brief and the substantiation for the appeal
BVerfGE 78, 128-132Order of 26 March 19881 BvR 1264/87On whether payment of a brokerage fee is due if the broker of one contracting party is married to the party on the other side of the lease contract and the marriage was known to the client when signing the brokerage fee agreement
BVerfGE 78, 132-154Order of 26 March 19882 BvL 13/86, 2 BvL 14/86Compatibility of Land law with federal law; on Land law provisions equating a farm’s earnings value with 150 per cent of the farm’s taxable value for the purpose of determining entitlements to compulsory minimum shares of inheritance (Schleswig-Holstein Act of Implementation of the Civil Code
BVerfGE 78, 155-164Order of 10 May 19881 BvR 111/77Exclusion of homeopathic practitioners from autonomous participation in the statutory health scheme
BVerfGE 78, 165-179Order of 10 May 19881 BvL 8/82, 1 BvL 9/82Inadmissible referral from a court ‒ Preventing delay caused by referral to the Federal Constitutional Court; exclusion of psychologists practising as psychotherapists from participation in the statutory health scheme
BVerfGE 78, 179-200Order of 10 May 19881 BvR 482/84, 1 BvR 1166/85Obligation to obtain a permit under the Homeopathic Practitioners Act as a constitutional threshold for admission to the profession of non-medical psychotherapist; prohibition against homeopathic practitioner’s permits for foreigners
BVerfGE 78, 201-205Order of 10 May 19881 BvL 16/87Inadmissible referral from a court ‒ general exclusion of revoking consent to adoption and restriction of grounds for appeal and invalidation
BVerfGE 78, 205-214Order of 18 May 19882 BvR 579/84On whether cultural heritage sites of exceptional scientific value are Land property when discovered during state-funded research activities or in archaeological excavation sites (Heritage Conservation Act of Baden-Württemberg)
BVerfGE 78, 214-232Order of 31 May 1988 1 BvR 520/83On the blanket reduction of the maximum limit set in § 33a of the Income Tax Act concerning maintenance payments to foreigners that can be taken into account for tax purposes; on whether courts are bound by administrative provisions when exercising control over public administration authorities
BVerfGE 78, 232-249Order of 31 May 19881 BvL 22/85On whether it is compatible with the Basic Law that agricultural entrepreneurs must contribute to the statutory retirement scheme for 60 months before they are exempt from simultaneously contributing to the farming sector’s retirement scheme
BVerfGE 78, 249-289Order of 8 June 1988 2 BvL 9/85, 2 BvL 3/86Compensation levy under the Act on Eliminating Misallocated Subsidies in the Housing Sector
BVerfGE 78, 290-306Order of 14 June 1988 1 BvR 95/88Subsidiarity of constitutional complaints in case of denial of interim legal protection against the construction of nuclear plants (fuel input at the Wackersdorf reprocessing plant)
BVerfGE 78, 306-320Order of 15 June 1988 1 BvL 9/83Substantiation of the relevance of questions referred to the Court in specific judicial review proceedings; offsetting a widow’s pension under the statutory accident insurance against benefits under the workplace survivor’s pension scheme for employees of the Free and Hanseatic City of Hamburg
BVerfGE 78, 320-331Order of 15 June 1988 1 BvR 1301/86On whether members of a statutory health insurance or an equivalent insurance have a right to a social court decision on their application seeking to oblige health insurance providers to only cover costs for abortion services in case of a medical indication for abortion
BVerfGE 78, 331-344Order of 21 June 19882 BvR 602/83, 2 BvR 974/83Change in competence for state supervision over municipal administration (Lower Saxony); no recusal of a Justice due to his earlier participation in a statement requested by the Federal Constitutional Court under § 82(4) of the Federal Constitutional Court Act
BVerfGE 78, 344-349Order of 21 June 19882 BvR 975/83Admissibility of a constitutional complaint by a municipal representative (member of a district council and a district committee in Lower Saxony)
BVerfGE 78, 350-364Order of 21 June 19882 BvR 638/84On whether the absolute exclusion of local political associations from tax relief under § 10b and § 34g of the Income Tax Act is compatible with the Basic Law
BVerfGE 78, 364-373Order of 21 June 19882 BvL 6/86On how time spent in mandatory military service should be offset against the completion of civilian service in case of a person subject to mandatory military service and whose claim to conscientious objection was later granted
BVerfGE 78, 374-390Order of 22 June 19882 BvR 234/87, 2 BvR 1154/86On the specificity of criminal provisions (§ 15(2) letter a of the Telecommunications Act)
BVerfGE 78, 391-398Order of 30 June 19882 BvR 701/86Suspension of a punishment imposed on a Jehovah witness due to failure to perform civilian service ‒ no revocation of the suspension in case of non-compliance with a renewed call to civilian service

Volume 77

Decisions

BVerfGE 77, 1-64Order of 1 October 19872 BvR 1178/86, 2 BvR 1179/86, 2 BvR 1191/86Seizure of documents held by private corporations for disclosure to a committee of inquiry in the Bundestag (Neue Heimat committee of inquiry)
BVerfGE 77, 65-84Order of 1 October 19872 BvR 1434/86Seizure of unpublished film materials from a television broadcasting corporation that were recorded by the corporation itself
BVerfGE 77, 84-120Order of 6 October 19871 BvR 1086/82, 1 BvR 1468/82, 1 BvR 1623/82Prohibition of hiring out workers to companies in the construction industry
BVerfGE 77, 121-125Order of 14 October 19871 BvR 1244/87Preliminary injunction ‒ Planning approval procedures concerning the expansion of Stuttgart airport and the motorway section Stuttgart-Degerloch-Denkendorf
BVerfGE 77, 125-129Order of 21 October 19871 BvR 651/86, 1 BvR 819/86, 1 BvR 92/87, 1 BvR 649/87, 1 BvR 837/87, 1 BvR 865/87, u.a.Non-admission of a constitutional complaint lodged by the bar association asserting a violation of professional obligations by its members
BVerfGE 77, 130-137Judgment of 21 October 19871 BvR 1048/87On upholding an amended preliminary injunction ‒ Examination of a building to determine whether the coal reserves underneath the building may be mined (Schloß Cappenberg)
BVerfGE 77, 137-170Order of 21 October 19872 BvR 373/83Acquisition of German citizenship as legal effect of obtaining GDR-citizenship compatible with the meaning of Art. 116(1) and 16(1) of the Basic Law
BVerfGE 77, 170-240Order of 29 October 19872 BvR 624/83, 2 BvR 1080/83, 2 BvR 2029/83On the storage of chemical weapons on the territory of the Federal Republic of Germany and the potential use of such weapons
BVerfGE 77, 240-258Order of 3 November 1987 1 BvR 1257/84, 1 BvR 861/85Criminal conviction due to use of symbols of an unconstitutional organisation (use of symbols of the Freie Deutsche Jugend in a theatre play entitled West German premiere of the Herrenburg Report)
BVerfGE 77, 259-262Order of 3 November 1987 1 BvL 28/87On the admissibility of a referral from a court (no counselling assistance for labour law matters)
BVerfGE 77, 263-274Order of 4 November 1987 1 BvR 1611/84, 1 BvR 1669/84No claim to remuneration for copyright holders in case of magazines and newspapers made available in beauty salons and doctors’ waiting rooms
BVerfGE 77, 275-287Order of 2 December 1987 1 BvR 1291/85On whether a public announcement must include the pronouncement of the decision in order to set off a one-week time limit for initiating legal remedies; complaint against the fixed level of a settlement officer’s remuneration
BVerfGE 77, 288-308Order of 9 December 1987 2 BvL 16/84On whether the competence to create a land use plan for the city of Saarbrücken lies with the Saarbrücken city association itself or with its constituent municipalities
BVerfGE 77, 308-340Order of 15 December 1987 1 BvR 563/85, 1 BvR 582/85, 1 BvR 974/86, 1 BvL 3/86On whether employees are entitled to paid training leave (Employees Training Act in North Rhine-Westphalia; Hesse Act on Right to Training Leave)
BVerfGE 77, 340-344Order of 15 December 1987 2 BvL 11/86Inadmissible referral from a court (amendment of the budget of a retirement insurance institution by the supervisory authority)
BVerfGE 77, 345-345Order of 12 January 1988 1 BvF 1/86Discontinuation of abstract judicial review proceedings following the withdrawal of the application (Land Media Act of Baden-Württemberg)
BVerfGE 77, 346-359Order of 13 January 1988 1 BvR 1548/82Conviction of a press wholesaler due to dissemination of materials harmful to minors
BVerfGE 77, 360-363Order of 13 January 1988 1 BvR 1574/83Evidence-taking fee for lawyers in Constitutional Court proceedings
BVerfGE 77, 364-369Order of 19 January 1988 2 BvL 2/87Inadmissible referral from a court (restricting asylum seekers’ freedom of movement to a defined geographical area)
BVerfGE 77, 370-381Order of 20 January 1988 2 BvL 23/82On the constitutionality of a retroactive link of statutory requirements within the scope of Art. 14 of the Basic Law (disability retirement benefits)
BVerfGE 77, 381-408Order of 26 January 1988 1 BvR 1561/82Inadmissibility of a constitutional complaint against the denial of interim legal protection in case of an asserted violation of fundamental rights that is the subject matter of the principal proceedings and has not yet been sufficiently examined by the ordinary courts in factual and legal terms (construction permit for an interim storage facility for spent nuclear fuels in Gorleben)

Volume 76

Decisions

BVerfGE 76, 1-83Order of 12 May 1987 2 BvR 1226/83, 2 BvR 101/84, 2 BvR 313/84Family reunification ‒ Waiting times for Turkish and Yugoslavian nationals until they can join their relatives on German federal territory
BVerfGE 76, 83-92Order of 16 June 19871 BvR 1202/84Constitutional limits when searching a debtor’s premises for the purpose of compulsory enforcement of claims held by multiple creditors of whom only a few sought judicial search orders
BVerfGE 76, 93-99Order of 16 June 19871 BvR 1113/86Violation of the right to one’s lawful judge due to violation of the duty of referral (Art. III(3) first sentence of the third Tenancy Law Amending Act)
BVerfGE 76, 99-100Order of 16 June 19871 BvF 5/87Discontinuation of abstract judicial review proceedings following the withdrawal of the application (§ 116(3) first sentence no. 2 and third sentence of the Occupational Development Act)
BVerfGE 76, 100-106Order of 23 June 1987 2 BvL 5/83Rules of procedure for matters regarding agricultural farms (request by the agricultural court to register or delete a farm entry in the land register)
BVerfGE 76, 107-124Order of 23 June 19872 BvR 826/83Constitutional complaint lodged by a municipality; no interference with municipal planning powers if the executive ordinance-issuing authority restricts the planning authority of single municipalities in geographically clearly delimited areas (City of Wilhemshaven)
BVerfGE 76, 124-125Order of 30 June 1987 1 BvR 266/79Non-admission of a constitutional complaint (renewed appointment of a notary public who was previously rejected)
BVerfGE 76, 126-130Order of 30 June 1987 1 BvR 1187/86On whether the marriage of a broker with the owner, administrator or landlord of the brokered property amounts to sufficient grounds for non-payment of a broker’s commission
BVerfGE 76, 130-143Order of 1 July 1987 1 BvL 21/82On whether corporations and institutions established under public law are due to pay a fee for social court proceedings regardless of whether their claim is upheld
BVerfGE 76, 143-170Order of 1 July 1987 2 BvR 478/86, 2 BvR 962/86On the granting of asylum in cases of restriction of the freedom to profess a religious belief (Amyadiyya religious community)
BVerfGE 76, 171-196Order of 14 July 1987 1 BvR 537/81, 1 BvR 195/87On whether the guidelines under the laws and codes of the legal profession qualify as supplementary means to interpret and specify the blanket clauses on lawyers’ professional duties; measures by the courts of honour due to a violation of the principle of objectivity only in cases of punishable offences, conscious dissemination of false assertions or unprovoked disparaging statements
BVerfGE 76, 196-210Order of 14 July 19871 BvR 362/79Constitutional assessment of the advertising ban provided for in the guidelines under the laws and codes of the legal profession; on whether a lawyer may, in his own cause, share his self-denunciation and the criminal charges he brought against another person with the press
BVerfGE 76, 211-219Order of 14 July 19871 BvR 242/86Constitutional assessment of sit-down blockades as coercion
BVerfGE 76, 220-247Order of 15 July 1987 1 BvR 488/86, 1 BvR 1220/86, 1 BvR 628/86, 1 BvR 1278/86, 1 BvL 11/861984 Budget Accompanying Act ‒ Transitional provisions concerning maintenance allowance cuts for participants in professional (re)training courses and the reduction in transitional allowance for people with disabilities when participating in vocational training aimed at rehabilitation
BVerfGE 76, 248-253Order of 23 July 1987 1 BvR 825/87Admissibility of a constitutional complaint concerning intended assisted suicide
BVerfGE 76, 253-256Order of 28 August 1987 1 BvR 1048/87Preliminary injunction; suspension of an order by a higher regional mining authority immediately enforcing a dispossession for the purpose of accessing and searching the soil beneath a building for coal mining opportunities
BVerfGE 76, 256-362Order of 30 September 1987 2 BvR 933/82On whether the statutory retirement benefits of persons who became civil servants before 1 January 1966 may be offset against their civil service pension benefits (§ 55 of the Civil Servants’ Pension Act)
BVerfGE 76, 363-394Order of 1 October 1987 2 BvR 1165/86Imposition of a fine and detention of a witness refusing, without reason, to give evidence before a parliamentary committee of inquiry

Volume 75

Decisions

BVerfGE 75, 1-34Order of 31 March 19872 BvM 2/86On the applicability of the ne bis in idem principle in general public international law (persons already criminally convicted and imprisoned in third countries due to the criminal act on which the request for extradition is based)
BVerfGE 75, 34-40Order of 31 March 19872 BvH 1/87Right to equal opportunities to participate in the elections for the 12th parliamentary term of the Hesse Landtag (Nationaldemokratische Partei Deutschlands (NPD))
BVerfGE 75, 40-78Judgment of 8 April 19871 BvL 8/84, 1 BvL 16/84State subsidies for private replacement schools in the Free and Hanseatic City of Hamburg
BVerfGE 75, 78-107Order of 8 April 1987 1 BvR 564/84, 1 BvR 684/84, 1 BvR 877/84, inter aliaStricter requirements under the 1984 Budget Accompanying Act for entitlements to invalidity retirement benefits under the social security system (regarding cases in which the last employment with mandatory enrolment in the public retirement insurance ended before the invalidity occurred)
BVerfGE 75, 108-165Order of 8 April 1987 2 BvR 909/82, 2 BvR 934/82, 2 BvR 935/82, inter aliaSocial security scheme for artists
BVerfGE 75, 166-183Order of 14 April 1987 1 BvL 25/84On whether self-service rules for over-the-counter medicines may be stricter in pharmacies than in other retail stores
BVerfGE 75, 183-192Order of 14 April 19871 BvR 162/84Violation of judicial duty of care in civil court proceedings; on whether no-fault late submissions or omissions of an apology in the proceedings of first instance may be made up for in appeal proceedings
BVerfGE 75, 192-201Order of 14 April 19871 BvR 775/84On whether public savings banks have legal ability with regard to fundamental rights
BVerfGE 75, 201-223Order of 14 April 19871 BvR 332/86On whether a parent may be obliged to surrender their child for the purpose of bringing about a change in foster parents
BVerfGE 75, 223-246Order of 8 April 19872 BvR 687/85Violation of the right to one’s lawful judge; binding effect of preliminary rulings by the CJEU
BVerfGE 75, 246-283Order of 5 May 1987 1 BvR 724/81, 1 BvR 1000/81, 1 BvR 1015/81, inter aliaAmendment of professional regulations for law consultants; on whether it is compatible with the Basic Law that only matters in a few legal areas may be assigned to law consultants holding restricted practising certificates
BVerfGE 75, 284-302Order of 5 May 1987 1 BvR 981/81Amendment of professional regulations for law consultants; restricted licence to practise in the field of insurance consulting
BVerfGE 75, 302-318Order of 5 May 1987 1 BvR 903/85Application of repose provisions in civil procedure and the right to be heard
BVerfGE 75, 318-329Order of 5 May 1987 1 BvR 1113/85On whether an expert appointed in pending civil proceedings may enter a home owned by a person who is not party to the proceedings only after that person has been heard
BVerfGE 75, 329-347Order of 6 May 1987 2 BvL 11/85On whether the legislator has sufficiently specified the constituent elements of criminal offences in the area of environmental law (operation of a facility without permit required under the Federal Immission Control Act)
BVerfGE 75, 348-361Order of 20 May 1987 1 BvR 762/85On whether a child damaged by the mother’s occupational illness but conceived after the mother became ill may be excluded from the statutory accident insurance
BVerfGE 75, 361-368Order of 3 June 1987 1 BvL 5/81On whether a taxpayer who married more than once during the current assessment period may only file joint returns with the latest spouse
BVerfGE 75, 369-382Order of 3 June 1987 1 BvR 313/85On whether caricatures interfering with the core of human honour guaranteed under Art. 1(1) of the Basic Law may be justified on the basis of the fundamental guarantee of the freedom of the arts
BVerfGE 75, 382-396Order of 16 June 1987 1 BvL 4/84, 1 BvL 6/84On whether the entire income of a married person obliged to pay maintenance is to be taken into account when assessing this person’s right to be granted unemployment benefits

Volume 74

Decisions

BVerfGE 74, 1-6Order of 5 November 1986 1 BvR 706/85On whether the legal view of the panel deciding the case must be referred to in order to fulfil the obligation to inform under the Act on Relief Measures for the Federal Finance Court
BVerfGE 74, 7-9Judgment of 5 November 19862 BvR 1178/86, 2 BvR 1179/86, 2 BvR 1191/86Preliminary injunction; on whether supervisory board meeting minutes seized by the courts may be shared with a committee of inquiry of the Bundestag
BVerfGE 74, 9-28Order of 18 November 1986 1 BvL 29/83, 1 BvL 30/83, 1 BvL 33/83, u.a.General exclusion of students from receiving unemployment benefits
BVerfGE 74, 28-32Order of 18 November 19861 BvL 29/83, 1 BvL 30/83, 1 BvL 33/83, u.a.Dissenting opinion of Justice Katzenstein
BVerfGE 74, 33-43Order of 18 November 19861 BvR 1365/84Statutory right of inheritance or claim to inheritance compensation of a child born out of wedlock when the proceedings establishing paternity are conducted only after the father’s death
BVerfGE 74, 44-51Order of 25 November 19862 BvE 1/84, 2 BvE 3/84On the legal ability of an alleged political party to be party to Organstreit proceedings (Aktion Ausländerrückführung)
BVerfGE 74, 51-68Order of 26 November 19862 BvR 1058/85On whether circumstances of asylum seekers brought about by their own actions after fleeing fall under the scope of the fundamental right to asylum
BVerfGE 74, 69-77Order of 2 December 1986 1 BvR 1509/83Subsidiarity of constitutional complaints challenging a law (on whether the public broadcasting cooperation Süddeutscher Rundfunk has properly administered public finances ‒ audit by the Federal Court of Audit based on the Land Budget Regulation)
BVerfGE 74, 78-96Order of 3 December 1986 1 BvR 872/82On whether the decision on costs in a court decision may be challenged autonomously by way of constitutional complaint; reimbursement of out-of-court legal fees in antitrust law proceedings
BVerfGE 74, 96-101Order of 15 December 1986 2 BvE 1/86On the legal ability of an alleged political party to be party to Organstreit proceedings (ABSTIMMUNGS-Initiative für VOLKSENTSCHEID)
BVerfGE 74, 102-128Order of 13 January 19872 BvR 209/84On the constitutionality of imposing an obligation to perform community work under the Youth Courts Act
BVerfGE 74, 129-162Order of 14 January 19871 BvR 1052/79On the revocation of benefits under a workplace pension scheme in transitional cases following change in legislation; coverage by the insolvency insurance institution
BVerfGE 74, 163-182Order of 28 January 19871 BvR 455/82On whether women, in contrast to men, may receive benefits from the statutory retirement scheme starting at the earlier age of 60
BVerfGE 74, 182-202Judgment of 10 February 19871 BvL 18/81, 1 BvL 20/82On whether detached houses assessed according to their capital value due to their special design and equipment may be subjected to a higher tax rate compared to detached houses assessed according to their earnings value
BVerfGE 74, 203-218Order of 10 February 19871 BvL 15/83Two-week suspension of unemployment benefits due to failure to report to the job centre regardless of level of fault and damage incurred
BVerfGE 74, 218-219Order of 10 February 19872 BvR 397/82, 2 BvR 399/82On whether expenses for constitutional complaint proceedings that were unsuccessful may be reimbursed on grounds of equity
BVerfGE 74, 220-227Order of 10 February 19872 BvR 314/86Appropriate time limit for substantiating an appeal in case the Federal Constitutional Court reverses the court of second instance’s order that dismissed the appeal
BVerfGE 74, 228-236Order of 11 February 19871 BvR 475/85On whether submitting grounds for appeal via teleprinter amounts to a defect of form
BVerfGE 74, 236-243Order of 24 February 1987 2 BvL 7/85Admissibility of a referral under Art. 100 of the Basic Law in case of a judicial order authorising the confinement of a person under supervision in a psychiatric hospital
BVerfGE 74, 244-256Order of 2 February 159871 BvR 47/84Religious education in schools; on whether a religious community may decide to exclude pupils of a different faith
BVerfGE 74, 257-263Order of 24 February 19871 BvR 1086/85On whether a person filing criminal charges bona fide may be burdened with the risk of being held liable for damages if the allegations cannot be proven true
BVerfGE 74, 264-297Judgment of 24 March 1987 1 BvR 1046/85Expropriation in favour of a private law company when the company’s activities only indirectly benefit the common good; on the requirements that a law authorising such expropriation must satsify (Boxberg judgment)
BVerfGE 74, 297-357Order of 24 March 19871 BvR 147/86, 1 BvR 478/86No exclusion of public broadcasting organisations from regional and local broadcasting, special interest channels and broadcasting-like communication services (Land Media Act of Baden-Württemberg)
BVerfGE 74, 358-380Order of 26 March 19872 BvR 589/79, 2 BvR 740/81, 2 BvR 284/85Discontinuation of private prosecution proceedings and decision on costs and expenses with presumption of guilt of the accused or defendant

Volume 73

Decisions

BVerfGE 73, 1-39Judgment of 14 July 1986 2 BvE 5/83

On awarding general grants to party-affiliated foundations for political education initiatives

This decision is not next in chronological order and has been printed in advance.

BVerfGE 73, 40-103Judgment of 14 July 19862 BvE 2/84, 2 BvR 442/84On the amount of membership contributions and donations that political parties may deduct from taxes; provisions on equalising opportunities for political parties; limits on the reimbursement of electoral campaign cost
BVerfGE 73, 103-117Judgment of 14 July 19862 BvE 2/84, 2 BvR 442/84Dissenting opinion of Justice Böckenförde
BVerfGE 73, 117-118Judgment of 14 July 19862 BvE 2/84, 2 BvR 442/84Dissenting opinion of Justice Mahrenholz
BVerfGE 73, 118-205Judgment of 4 November 19861 BvF 1/84Lower Saxony Broadcasting Act
BVerfGE 73, 206-261Judgment of 11 November 19861 BvR 713/83, 1 BvR 921/84, 1 BvR 1190/84, inter aliaParticipation in sit-down blockades (see also no. 9 p. 330 ff.)
BVerfGE 73, 261-274Order of 23 April 1986 2 BvR 487/80Reference to the collective agreement in the agreement between the work council and the employer (cash compensation for home-heating coal)
BVerfGE 73, 274-280Order of 23 April 1986 2 BvR 487/80Dissenting opinion of Justice Niebler
BVerfGE 73, 280-301Order of 18 June 1986 1 BvR 787/80On whether the state may determine the number of notary public positions and on whether selection standards and procedures for the appointment of notary publics must be set by statutory provisions alone
BVerfGE 73, 301-322Order of 1 July 19861 BvL 26/83Prior practical work experience at a surveying engineering office as a prerequisite for admission to the public profession of publicly appointed surveying engineer (Hesse)
BVerfGE 73, 322-330Order of 8 July 19862 BvR 152/83Exhaustion of remedies in non-contentious proceedings (remonstration against an appeals decision by the civil court of last instance)
BVerfGE 73, 330-339Order of 12 July 19861 BvR 713/83, 1 BvR 921/84, 1 BvR 1190/84, inter aliaRecusal of a Justice on grounds of possible bias due to public statements (see also no. 4 p. 206 ff.)
BVerfGE 73, 339-388Order of 22 October 19862 BvR 197/83On the Court of Justice of the European Communities as lawful judge within the meaning of Art. 101(1) second sentence of the Basic Law; on the competence of the Court of Justice of the European Communities to guarantee effective protection of fundamental rights against the public authority of the communities; no exercise of the Federal Constitutional Court’s jurisdiction concerning the applicability of derived community law as long as equivalent fundamental rights protection is generally guaranteed under community law
BVerfGE 73, 388-403Order of 23 October 19862 BvL 7/84, 2 BvL 8/84On whether church corporations entitled to levy taxes may determine the type and level of church tax in case of interfaith marriages

Volume 72

Decisions

BVerfGE 72, 1-9Order of 12 February 1986 1 BvR 1578/82On the requirement of being directly affected in case of a constitutional complaint directly challenging a judgment and indirectly challenging a law (on whether it is compatible with the Basic Law if only women are entitled to receive benefits from the statutory retirement scheme starting at the age of 60)
BVerfGE 72, 26-34Order of 12 February 1986 1 BvR 1770/83On the guarantee of property with regard to claims to unemployment benefits; transitional provisions on the extension of the qualifying period for gaining a right to unemployment benefits in cases in which the insured person already completed the qualifying period
BVerfGE 72, 9-25Order of 12 February 1986 1 BvL 39/83On revoking the bar admission for lawyers due to non-compliance with the specific requirements for creating and maintaining a law firm (lack of law office sign)
BVerfGE 72, 34-39Order of 12 February 1986 2 BvR 604/85On the Chambers’ competence to order the reimbursement of expenses after the completion of constitutional complaint proceedings
BVerfGE 72, 39-46Order of 25 February 19861 BvR 1384/85, 1 BvR 30/86On whether constitutional complaints may be lodged against a law prior to specific implementation measures having been taken (Act on Survivor Pensions and Child Raising Periods)
BVerfGE 72, 46-50Order of 25 February 19861 BvR 1384/85, 1 BvR 30/86Dissenting opinion of Justice Katzenstein
BVerfGE 72, 51-65Order of 26 February 19861 BvL 12/85Referral for specific judicial review concerning bar admission proceedings under the Federal Lawyers Act; no absolute ban on readmitting a lawyer who had previously been excluded from the bar
BVerfGE 72, 66-83Order of 12 March 19861 BvL 81/79Treaty between the Federal Republic of Germany and the Republic of Austria concerning the way in which aircraft and facility operations at Salzburg airport affect German territory
BVerfGE 72, 84-91Judgment of 25 March 1986 1 BvL 5/80, 1 BvR 1023/83, 1 BvR 1052/83, 1 BvR 1227/84Application for amendment of a constitutional judgment on grounds that a written submission was not taken into account (non-contributory health insurance for retired people)
BVerfGE 72, 91-104Judgment of 22 April 1986 2 BvL 6/84Judicial duty of substantiation in cases of referral under Art. 100(1) of the Basic Law (on whether an earlier period of service is to be taken into account when determining the applicable age level for calculating the basic income of a judge who retired early due to incapacity and returned from retirement after reaching the age of 35)
BVerfGE 72, 105-119Judgment of 24 April 1986 2 BvR 1146/85Suspension of a life sentence
BVerfGE 72, 119-122Judgment of 6 May 19861 BvR 677/84Non-admission of a constitutional complaint (on whether the right to be heard is violated if the appeal is dismissed on grounds that the value of its subject matter stays below the minimum value required for admissibility)
BVerfGE 72, 122-141Order of 18 June 1986 1 BvR 857/85On whether a supplementary curator or other legal representative may lodge a constitutional complaint on behalf of minors; requirements for withdrawing custody from a Zairean unmarried mother
BVerfGE 72, 141-155Order of 13 May 1986 1 BvL 55/83Termination of widow’s pension for women divorced after 30 June 1977 also in cases in which there has been no pension sharing
BVerfGE 72, 155-176Order of 13 May 1986 1 BvR 1542/84On the limits of the parental power of representation for the continuation of a commercial business in a community of heirs with minors
BverfGE 72, 176-200Order of 13 May 1986 1 BvR 99, 461/85Retrospective increase of fees for loans with subsidised interest rates and repayment schedules granted under the public housing assistance scheme
BVerfGE 72, 200-276Order of 14 May 1986 2 BvL 2/83Amendment of income tax law provisions with effect for the current assessment period; Foreign Transaction Tax Act; Act of Approval to the 1971 Agreement between the Federal Republic of Germany and the Swiss Confederation on the Elimination of Double Taxation in the Area of Taxes on Income and Assets
BVerfGE 72, 276-278Order of 14 May 19862 BvL 2/83Dissenting opinion of Justice Steinberger
BVerfGE 73, 278-296Order of 18 June 1986 1 BvL 19/84Composition of vocational training committees; majority of members on church vocational training committees not nominated by the church
BVerfGE 72, 296-298Order of 4 June 1986 1 BvR 1046/85Self-recusal of a Justice
BVerfGE 72, 299-302Order of 7 June 1986 1 BvR 647/86Preliminary injunction (mass demonstration against the nuclear reprocessing plant Wackersdorf)
BVerfGE 72, 302-330Order of 12 June 1986 2 BvL 5/80, 2 BvL 17/82, 2 BvR 635/80On retroactive remedying provisions in notarisation law
BVerfGE 72, 330-436Judgment of 24 June 19862 BvF 1/83, 2 BvF 5/83, 2 BvF 6/83, 2 BvF 1/85, 2 BvF 2/85Financial equalisation between Länder (horizontally) and federal supplementary grants

Volume 71

Decisions

BVerfGE 71, 1-23Order of 9 October 19851 BvL 7/83On whether freelancers who are liable to mandatory enrolment in public retirement schemes may terminate their enrolment due to onerous changes in rules on whether non-contributory periods spent in training or education count towards the qualifying period
BVerfGE 71, 23-25Order of 9 October 19851 BvR 362/83On whether a law professor at a German university has a legal interest in the determination of the monetary value of his activities as a lawyer in his own cause before the Federal Constitutional Court
BVerfGE 71, 25-38Judgment of 15 October 19852 BvR 1808/82, 2 BvR 1809/82, 2 BvR 1810/82Admissibility requirements for constitutional complaints lodged by a municipality
BVerfGE 71, 39-64Order of 15 October 19852 BvL 4/83Cost-of-living allowance for spouses jointly working together in civil service (civil servants or judges)
BVerfGE 71, 64-66Order of 15 October 19852 BvR 528/85Non-admissibility of a constitutional complaint against a search warrant for a suspect’s home
BVerfGE 71, 66-80Order of 22 October 19851 BvL 2/82Suspension of the widow’s pension for a woman living in the GDR whose husband died in the Federal Republic of Germany
BVerfGE 71, 81-108Order of 22 October 19851 BvL 44/83Prerequisites for nominating candidates for election to the plenary assemblies of the employee chambers in the Land Bremen
BVerfGE 71, 108-122Order of 23 October 19851 BvR 1053/82On whether the freedom of expression grants a member of an electoral board the right to wear a badge with the writing ‘Nuclear power? - No, thanks’ while exercising his electoral honorary office
BVerfGE 71, 122-137Judgment of 5 November 19852 BvR 1434/83Granting of legal aid in contentious administrative proceedings
BVerfGE 71, 137-146Order of 6 November 1985 1 BvL 22/83Right to extraordinary termination of fishing lease contracts due to transitional provisions under the Lower Saxony Fishing Act
BVerfGE 71, 146-158Judgment of 6 November 1985 1 BvL 47/83On the amount of income and assets belonging to a permanently separated spouse to be taken into account when determining a trainee’s need for financial assistance under the Federal Training Assistance Act
BVerfGE 71, 158-162Order of 8 November 19851 BvR 1290/85Preliminary injunction (performance of the poem Legend of the dead soldier by Bertholt Brecht in a war cemetery)
BVerfGE 71, 162-183Order of 19 November 1985 1 BvR 934/82Prohibition under the law and medical professional code against doctors engaging in advertising contrary to the profession (book publication with autobiographical content)
BVerfGE 71, 183-202Order of 19 November 1985 1 BvR 38/78On whether a doctor owning a medical sanatorium may publish newspaper advertisements and other announcements that – apart from his name, medical title and primary therapeutic indication – include additional indications
BVerfGE 71, 202-205Judgment of 26 November 1985 2 BvR 851/84On the prohibition of arbitrariness in interpreting submissions by the parties to the proceedings
BVerfGE 71, 206-223Order of 3 December 1985 1 BvL 15/84On whether the literal wording of the indictment or other official documents of the criminal proceedings may be published against the will of the accused prior to the indictment’s discussion in the oral hearing or prior to the conclusion of the proceedings
BVerfGE 71, 224-229Judgment of 3 December 19851 BvL 29/84Divorce of spouses who are both foreign nationals living in Germany only possible if the divorce is recognised under the law of the man’s home country
BVerfGE 71, 230-255Order of 4 December 1985 1 BvL 23/84, 1 BvL 1/85, 1 BvR 439/84, 1 BvR 652/84Rent increase by no more than 30 per cent, even in case of higher average rent
BVerfGE 71, 255-275Judgment of 10 December 1985 2 BvL 18/83Protection of legitimate expectations in cases of change to regulations concerning retirement age (public school teachers in Saarland)
BVerfGE 71, 276-299Judgment of 11 December 19852 BvR 361/83, 2 BvR 449/83Constitutional limits for rejecting asylum claims as manifestly unfounded
BVerfGE 71, 299-305Judgment of 17 December 19852 BvE 1/85Time limit for contesting an act or omission in Organstreit proceedings (Refusal of the Bundestag committee of inquiry to contest an order by the criminal division’s presiding judge denying the disclosure of further court documents in an inquiry concerning the Flick Group)
BVerfGE 71, 305-349Judgment of 18 December 19852 BvR 1167/84, 2 BvR 1185/84, 2 BvR 1636/84, 2 BvR 308/85, 2 BvQ 18/84Subsidiarity of constitutional complaints challenging federal ordinances (Ordinance on Guaranteed Milk Quantities)
BVerfGE 71, 350-353Judgment of 3 January 1986 1 BvQ 12/85Preliminary injunction (early morning magazine programme of the radio station Radio Stuttgart)
BVerfGE 71, 354-364Order of 14 January 19861 BvR 209/79, 1 BvR 221/79On the limits of judicial development of the law; tax benefits for claims arising from secondary occupations in the academic, artistic or literary fields
BVerfGE 71, 364-399Judgment of 8 April 19861 BvR 1186/83, 1 BvR 1574/83, 1 BvR 1704/83, inter aliaOn the constitutionality of specific provisions under the Act on Hardship Regulations for Pension Sharing following Divorce

Volume 70

Decisions

BVerfGE 70, 1-35Order of 14 May 19851 BvR 449/82, 1 BvR 523/82, 1 BvR 728/82, 1 BvR 700/82Determination of remuneration levels for services by non-medical healing professionals under the Cost Reduction Supplementary Act
BVerfGE 70, 35-69Order of 14 May 19852 BvR 397/82, 2 BvR 398/82, 2 BvR 399/82Legal recourse against public construction plans enacted by law in the Free and Hanseatic City of Hamburg
BVerfGE 70, 69-93Order of 15 May 19852 BvL 24/82Amendment of orphan’s pension regulations; termination of benefits when reaching the age of 27 regardless of whether university studies were delayed due to grade-based admission restrictions not allowing for immediate entry in the chosen degree programme
BVerfGE 70, 93-101Order of 4 June 1985 1 BvR 1222/82On whether a court decision violates the prohibition of arbitrariness
BVerfGE 70, 101-115Order of 4 June 1985 1 BvL 12/83Content and limits provision under Art. 14(1) second sentence of the Basic Law that significantly interferes with pension expectancies of persons entitled to benefits from both the statutory retirement scheme and the civil service pension scheme (on whether time periods during which no insurance contributions were paid but that, under both schemes, would count towards the qualifying period may be credited under one scheme only
BVerfGE 70, 115-125Order of 4 June 1985 1 BvL 12/84On whether insurance treaties of more than two years’ length are to be taken into account within the scope of application of § 11 no. 12 a of the Act on General Terms and Conditions
BVerfGE 70, 126-133Order of 4 June 1985 1 BvL 14/84Obligation of the insurer to pay an insurance premium if the insured terminates the contract due to delayed payment of such insurance premium (pre-constitutional right of the insured)
BVerfGE 70, 134-138Order of 4 June 1985 1 BvL 7/85Inadmissible referral from a court (exclusion of pension sharing in case of an intended divorce prior to the expiry of the one-year time limit since concluding the prenuptial agreement)
BVerfGE 70, 138-173Order of 4 June 1985 2 BvR 1703/83, 2 BvR 1718/83, 2 BvR 856/84On the legal effectiveness of employee dismissals by church institutions due to non-compliance with loyalty obligations towards the church
BVerfGE 70, 173-180Order of 5 June 1985 2 BvL 23/84Inadmissible referral from a court (on whether a claim to reimbursement of electoral campaign costs requires a minimum percentage of gained votes (Bremen))
BVerfGE 70, 180-190Order of 18 June 1985 2 BvR 414/84Asserting a violation of the right to be heard in proceedings under § 80(6) of the Code of Administrative Court Procedure prior to lodging a constitutional complaint
BVerfGE 70, 191-214Order of 19 June 1985 1 BvL 57/79Provisions on the creation of common fishing districts and cooperatives in North-Rhine Westphalia (on whether the exercise of fishing rights by these districts and cooperatives amounts to a constitutional determination of the content and limits of property)
BVerfGE 70, 215-219Order of 19 June 1985 1 BvR 933/84Violation of the right to be heard (claims and defences submitted after expiry of the time limit set by the court)
BVerfGE 70, 219-230Order of 3 July 19851 BvL 55/81Substantiation of the relevance of questions referred to the Court in specific judicial review proceedings (payment of latest average remuneration in cases of medical work ban during pregnancy)
BVerfGE 70, 230-242Order of 3 July 19851 BvR 1428/82Significance of Art. 3(1) of the Basic Law for the interpretation of the indeterminate legal term ‘important reason’ in § 7(3) of the Federal Training Assistance Act
BVerfGE 70, 242-251Order of 3 July 19851 BvL 13/83Admissibility of a referral from a court (substantiation of a referral for renewed constitutional review of a provision already declared constitutional by the Federal Constitutional Court – § 14(1) first sentence of the Maternity Protection Act)
BVerfGE 70, 251-270Order of 3 July 19852 BvL 16/82Temporary transfer of the roles and tasks of head teacher (Bremen School Administration Act)
BVerfGE 70, 271-277Judgment of 3 July 1985 2 BvC 2/85Electoral scrutiny proceedings concerning elections for the European Parliament (Europäische Föderalistische Partei, Europa Partei)
BVerfGE 70, 278-288Judgment of 8 October 19851 BvL 17/83, 1 BvL 19/83Limitation period for making an application for wage tax annual adjustment
BVerfGE 70, 288-296Judgment of 8 October 19851 BvR 33/83Violation of the right to be heard (global reference to the submission made in the proceedings of first instance)
BVerfGE 70, 297-323Judgment of 8 October 19852 BvR 1150/80, 2 BvR 1504/82Constitutional standards for decisions on confinement in psychiatric hospitals
BVerfGE 70, 324-366Judgment of 14 January 1986 2 BvE 14/83, 2 BvE 4/84Consultation and approval of the budget plans of the intelligence services by a special body elected by the majority of Bundestag members without participation of the parliamentary group DIE GRÜNEN
BVerfGE 70, 366-380Judgment of 14 January 1986 2 BvE 14/83, 2 BvE 4/84Dissenting opinion of Justice Mahrenholz
BVerfGE 70, 380-384Judgment of 14 January 1986 2 BvE 14/83, 2 BvE 4/84Dissenting opinion of Justice Böckenförde