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Decisions published in the Official Digest (BVerfGE)
Volume 99
Decisions
| BVerfGE 99, 1-19 | Order of 16 July 1998 | 2 BvR 1953/95 | On whether violations of electoral principles in parliamentary elections at the Land level can be challenged by way of constitutional complaint to the Federal Constitutional Court |
| BVerfGE 99, 19-45 | Judgment of 20 July 1998 | 2 BvE 2/98 | On whether a decision issued by the Bundestag Committee for the Scrutiny of Elections, Immunity and the Rules of Procedure regarding a Bundestag member’s activities for the GDR Ministry of State Security is subject to constitutional review (Dr. Gysi) |
| BVerfGE 99, 46-49 | Order of 22 July 1998 | 1 BvR 1183/90 | Objection to a cost fixing order; regarding the legal fees incurred by a works council entitled to submit a statement in constitutional complaint proceedings |
| BVerfGE 99, 49-51 | Order of 17 August 1998 | 2 BvR 1206/98 | On whether a party favoured by the decision in initial proceedings may protest against a preliminary injunction related to a constitutional complaint challenging the initial decision |
| BVerfGE 99, 51-57 | Order of 15 September 1998 | 2 BvE 2/93, 2 BvE 5/95, 2 BvE 1/96, 2 BvE 3/97 | Rejection of an application to challenge a participating Justice |
| BVerfGE 99, 57-69 | Order of 17 September 1998 | 2 BvK 1/98 | Schleswig-Holstein real estate scheme – Preliminary injunction |
| BVerfGE 99, 69-83 | Order of 29 September 1998 | 2 BvL 64/93 | Exemption of municipal voter groups and their umbrella organisations from corporation and property tax |
| BVerfGE 99, 84-88 | Order of 29 September 1998 | 2 BvR 1790/94 | Exclusion of municipal voter groups from state funding for political parties – Constitutional complaint not admitted for decision |
| BVerfGE 99, 88-100 | Order of 30 September 1998 | 2 BvR 1818/91 | On the constitutionality of restricting the types of losses deductible under ‘other income’ when calculating income tax (exclusion of income from the rental of movable property) |
| BVerfGE 99, 100-129 | Order of 13 October 1998 | 2 BvR 1275/96 | On the relinquishment of the St. Salvator Church in Munich to the Free State of Bavaria to enable its conveyance to the ‘Metropolis of Germany’ |
| BVerfGE 99, 129-145 | Order of 28 October 1998 | 1 BvR 2349/96 | Re-granting of a leasehold originally held by a company expropriated in the GDR and then deleted from the land register |
| BVerfGE 99, 145-164 | Order of 29 October 1998 | 2 BvR 1206/98 | Hague Child Abduction Convention; giving consideration to the child’s best interests in a special case where conflicting applications have been filed for the child’s return |
| BVerfGE 99, 165-185 | Order of 10 November 1998 | 1 BvL 50/92 | Exclusion of students who undertake a second training course from receiving a grant that is not correlated to the financial resources of their parents |
| BVerfGE 99, 185-202 | Order of 10 November 1998 | 1 BvR 1531/96 | Protection of the individual against falsely imputed membership of an association where such imputed membership has an impact on the individual’s public image (Scientology) |
| BVerfGE 99, 202-216 | Order of 10 November 1998 | 1 BvR 2296/96, 1 BvR 1081/97 | Obligation of employers to reimburse the Federal Employment Agency for unemployment benefits paid to unemployed persons during the term of a non-competition agreement |
| BVerfGE 99, 216-246 | Order of 10 November 1998 | 2 BvR 1057/91, 2 BvR 1226/91, 2 BvR 980/91 | Exclusion of married co-habiting parents from deducting employment-related childcare costs as extraordinary expenses and from being granted a household tax-free allowance |
| BVerfGE 99, 246-268 | Order of 10 November 1998 | 2 BvL 42/93 | On whether the tax-free child allowance for the 1987 assessment period corresponds with the amount needed to secure a child’s material existential minimum |
| BVerfGE 99, 268-273 | Order of 10 November 1998 | 2 BvR 1220/93 | On whether the tax-free child allowance for the 1985 assessment period corresponds with the amount needed to secure a child’s material existential minimum |
| BVerfGE 99, 273-279 | Order of 10 November 1998 | 2 BvR 1852/97, 2 BvR 1853/97 | On whether the tax-free child allowance (for two children) for the 1987 and 1988 assessment periods corresponds with the amount needed to secure the children’s material existential minimum |
| BVerfGE 99, 280-300 | Order of 11 November 1998 | 2 BvL 10/95 | Tax exemption for a supplementary allowance paid to federal employees working in the territory of the former GDR in 1993 |
| BVerfGE 99, 300-332 | Order of 24 November 1998 | 2 BvL 26/91, 2 BvL 5/96, 2 BvL 6/96, inter alia | Remuneration of civil servants and judges with more than two children in the period from 1988 to 1996 |
| BVerfGE 99, 332-337 | Order of 25 November 1998 | 2 BvH 1/92 | On the constitutionality of a provision in Saxony allowing MPs and parliamentary groups to reclaim employment costs for staff members only if those staff members first undergo background checks for previous involvement with the GDR Ministry of State Security and the Office for National Security |
| BVerfGE 99, 338-341 | Order of 10 December 1998 | 2 BvR 1516/93 | Objection to a cost fixing order (regarding costs for measures seeking the compulsory enforcement of a cost fixing order issued by the Federal Constitutional Court) |
| BVerfGE 99, 341-360 | Order of 19 January 1999 | 1 BvR 2161/94 | On the general exclusion of persons who cannot write or speak from the possibility of making a will |
| BVerfGE 99, 361-366 | Order of 20 January 1999 | 2 BvG 2/95 | On whether the Federation can claim compensation from a Land for the improper administration of federal funds |
| BVerfGE 99, 367-401 | Judgment of 2 March 1999 | 1 BvL 2/91 | Employee co-determination in parent companies in the coal, iron and steel industry – Mannesmann |
Volume 98
Decisions
| BVerfGE 98, 1-17 | Order of 8 April 1998 | 1 BvL 16/90 | On whether civil servants who left the civil service with a severance package after marrying and who later paid into the social security system due to subsequent employment are entitled to make voluntary contributions to the statutory pension scheme in order to cover the period spent in the civil service |
| BVerfGE 98, 17-49 | Order of 8 April 1998 | 1 BvR 1680/93, 1 BvR 183/94, 1 BvR 1580/94 | Property law moratorium for real estate located in the former GDR |
| BVerfGE 98, 49-70 | Order of 8 April 1998 | 1 BvR 1773/96 | Partnerships between lawyer-notaries and auditors |
| BVerfGE 98, 70-82 | Order of 29 April 1998 | 1 BvL 25/93 | On whether a referred question from a court in a case involving a violation of the right to equality is relevant for the referring court’s decision (regarding the consideration of tax breaks under § 10e of the Income Tax Act when granting a child-raising allowance) |
| BVerfGE 98, 83-105 | Judgment of 7 May 1998 | 2 BvR 1876/91, 2 BvR 1083/92, 2 BvR 2188/92, inter alia | Waste charge laws at the Land level |
| BVerfGE 98, 106-134 | Judgment of 7 May 1998 | 2 BvR 1991/95, 2 BvR 2004/95 | Municipal packaging tax |
| BVerfGE 98, 134-139 | Order of 26 May 1998 | 1 BvL 11/94 | Self-recusal of the Vice-President of the Federal Constitutional Court |
| BVerfGE 98, 139-145 | Order of 27 May 1998 | 2 BvE 2/98 | Final decision of the Committee for the Scrutiny of Elections, Immunity and the Rules of Procedure regarding the background check of Bundestag member Dr. Gysi – Preliminary injunction |
| BVerfGE 98, 145-163 | Order of 5 June 1998 | 2 BvL 2/97 | On the incompatibility of holding a seat in the Berlin House of Representatives with directing a company that is majority-owned by the Land Berlin |
| BVerfGE 98, 163-169 | Order of 22 June 1998 | 2 BvR 1516/93 | Objection to a cost fixing order (regarding fees for representation by multiple lawyers in important proceedings and fees for a further lawyer’s services in providing expertise) |
| BVerfGE 98, 169-217 | Judgment of 1 July 1998 | 2 BvR 441/90, 2 BvR 493/90, 2 BvR 618/92, inter alia | Extent of the obligation to work in prison, calculation of prisoners’ pay, social security status of prisoners |
| BVerfGE 98, 217-218 | Judgment of 1 July 1998 | 2 BvR 441/90, 2 BvR 493/90, 2 BvR 618/92, inter alia | Dissenting opinion of Justice Kruis |
| BVerfGE 98, 218-264 | Judgment of 14 July 1998 | 1 BvR 1640/97 | Spelling reform |
| BVerfGE 98, 265-329 | Judgment of 27 October 1998 | 1 BvR 2306/96, 1 BvR 2314/96, 1 BvR 1108/97, inter alia | Supplementary provisions to pregnancy support legislation in Bavaria |
| BVerfGE 98, 329-359 | Judgment of 27 October 1998 | 1 BvR 2306/96, 1 BvR 2314/96, 1 BvR 1108/97, inter alia | Dissenting opinion of Vice-President Papier and Justices Graßhof and Haas |
| BVerfGE 98, 359-365 | Judgment of 27 October 1998 | 1 BvR 2306/96, 1 BvR 2314/96, 1 BvR 1108/97, inter alia | Dissenting opinion of Justices Kühling and Jaeger |
| BVerfGE 98, 365-403 | Order of 15 July 1998 | 1 BvR 1554/89, 1 BvR 963/94, 1 BvR 964/94 | Accrued pension rights of public service employees who retire early |
Volume 97
Decisions
| BVerfGE 97, 1-11 | Order of 28 October 1997 | 1 BvR 1644/94 | Inheritance tax in a failed case of anticipated succession; procedure for determining panel composition in cases where an adjudicating body has an excess number of professional judges |
| BVerfGE 97, 12-34 | Order of 29 October 1997 | 1 BvR 780/87 | On entrusting the professional monitoring of the correct and timely payment of patent fees to persons not admitted to practise as lawyers or patent attorneys |
| BVerfGE 97, 35-49 | Order of 27 November 1997 | 1 BvL 12/91 | Supplementary pension scheme for employees not in full-time employment (Hamburg) |
| BVerfGE 97, 49-67 | Order of 2 December 1997 | 2 BvL 55/92, 2 BvL 56/92 | Inadmissible referral from a court (regarding the ban on air transport of asylum-seeking foreign nationals not in possession of a visa) |
| BVerfGE 97, 67-85 | Order of 3 December 1997 | 2 BvR 882/97 | Removal of income tax incentives (special depreciation) for merchant ships from 25 April 1996 onwards pursuant to the Tax Act adopted by the Bundestag on 7 November 1996 |
| BVerfGE 97, 85-88 | Order of 3 December 1997 | 2 BvR 882/97 | Dissenting opinion of Justice Kruis |
| BVerfGE 97, 89-101 | Order of 9 December 1997 | 1 BvR 1611/94 | No claim to the return of property expropriated in the GDR if the purpose of expropriation was only abandoned after the GDR’s accession to the Federal Republic of Germany |
| BVerfGE 97, 102-103 | Order of 9 December 1997 | 1 BvR 2306/96, 1 BvR 2314/96 | Supplementary provisions to pregnancy support legislation in Bavaria – Renewal of a preliminary injunction |
| BVerfGE 97, 103-117 | Order of 16 December 1997 | 1 BvL 3/89 | Offsetting pension entitlements from child-rearing periods against welfare benefits for mothers born in or after 1921 |
| BVerfGE 97, 117-125 | Order of 21 December 1997 | 2 BvL 6/95 | Inadmissible referral from a court (regarding the continued applicability of the criminal provisions of the GDR for criminal proceedings initiated before 1 July 1990) |
| BVerfGE 97, 125-156 | Order of 14 January 1998 | 1 BvR 1861/93, 1 BvR 1864/96, 1 BvR 2073/97 | Replies and rectifications on the front page of press publications |
| BVerfGE 97, 157-168 | Order of 14 January 1998 | 1 BvR 1995/94, 1 BvR 2248/94 | Right of reply in the Saarland Press Act |
| BVerfGE 97, 169-186 | Order of 27 January 1998 | 1 BvL 15/87 | On whether small businesses are exempt from the scope of the Act on Protection against Dismissal |
| BVerfGE 97, 186-197 | Order of 27 January 1998 | 1 BvL 22/93 | Number of part-time employees in a business exempt from the scope of the Act on Protection against Dismissal |
| BVerfGE 97, 198-228 | Order of 28 January 1998 | 2 BvF 3/92 | On the Federal Border Police being tasked with railway and airport security duties |
| BVerfGE 97, 228-270 | Judgment of 17 February 1998 | 1 BvF 1/91 | On the right to short (free of charge) television reports on events that are open to the public and/or of general interest |
| BVerfGE 97, 271-297 | Order of 18 February 1998 | 1 BvR 1318/86, 1 BvR 1484/86 | Offsetting earned income and income replacement benefits against a survivor’s pension drawn under the statutory pension scheme |
| BVerfGE 97, 298-316 | Order of 20 February 1998 | 1 BvR 661/94 | Private media companies applying to broadcast under Bavarian media law as holders of the fundamental freedom of broadcasting |
| BVerfGE 97, 317-331 | Order of 26 February 1998 | 2 BvC 28/96 | On the procedure for filling a Bundestag seat vacated by a directly-elected constituency MP from a party with overhang mandates in the Land concerned |
| BVerfGE 97, 332-349 | Order of 10 March 1998 | 1 BvR 178/97 | Differentiated kindergarten fees based on family income |
| BVerfGE 97, 350-377 | Order of 31 March 1998 | 2 BvR 1877/97, 2 BvR 50/98 | Germany’s involvement in the European Monetary Union |
| BVerfGE 97, 378-390 | Order of 24 March 1998 | 1 BvL 6/92 | On whether the restriction of sickness benefits under the Health Care Reform Act also applies to insured persons who are permanently unfit to work and whose insured event occurred before the new legislation came into force |
| BVerfGE 97, 391-408 | Order of 24 March 1998 | 1 BvR 131/96 | Stating one’s own name in a public statement accusing one’s father of sexual abuse |
| BVerfGE 97, 408-415 | Order of 1 April 1998 | 2 BvE 1/98 | On the procedure under § 44b of the Members of the Bundestag Act |
Volume 96
Decisions
| BVerfGE 96, 1-10 | Order of 10 April 1997 | 2 BvL 77/92 | Withdrawal of the tax-free Christmas and employee allowance and increase in the allowance for income-related expenses |
| BVerfGE 96, 10-27 | Order of 10 April 1997 | 2 BvL 45/92 | Geographic restrictions of temporary residence permits for asylum seekers |
| BVerfGE 96, 27-44 | Order of 30 April 1997 | 2 BvR 817/90, 2 BvR 728/92, 2 BvR 802/95, 2 BvR 1065/95 | Admissibility of complaints against judicial search orders that have already been carried out |
| BVerfGE 96, 44-56 | Order of 27 May 1997 | 2 BvR 1992/92 | Duration of validity of judicial search orders in criminal investigations |
| BVerfGE 96, 56-66 | Order of 6 May 1997 | 1 BvR 409/90 | Conditions under which a mother is obliged to inform her adult child born out of wedlock about the identity of the child’s biological father |
| BVerfGE 96, 66-67 | Order of 20 May 1997 | 2 BvH 1/95 | Reimbursement of expenses in Land Organstreit proceedings |
| BVerfGE 96, 68-100 | Order of 10 June 1997 | 2 BvR 1516/96 | Constitutional complaint concerning an arrest warrant against a former GDR-accredited foreign ambassador for acting as an accessory to murder and causing an explosion |
| BVerfGE 96, 100-119 | Order of 18 June 1997 | 2 BvR 483/95, 2 BvR 2501/95, 2 BvR 2990/95 | Legal protection afforded to convicted foreign prisoners regarding their wish to serve their sentence in their home country |
| BVerfGE 96, 120-132 | Order of 24 June 1997 | 1 BvR 2306/96, 1 BvR 2314/96 | Supplementary provisions to pregnancy support legislation in Bavaria – Preliminary injunction |
| BVerfGE 96, 133-139 | Order of 24 June 1997 | 2 BvF 1/93 | Exclusion of optional medical services from civil servants’ healthcare coverage (Hamburg) – Application for judicial review is inadmissible pursuant to § 76 no. 2 of the Federal Constitutional Court Act |
| BVerfGE 96, 139-152 | Order of 24 June 1997 | 2 BvP 1/94 | Referendum on the establishment of Franconia as a Land |
| BVerfGE 96, 152-170 | Judgment of 8 July 1997 | 1 BvR 1243/95, 1 BvR 1247/95, 1 BvR 744/96 | Dismissal of teachers who held prominent positions in the GDR’s school administration and in the German Socialist Unity Party (SED) |
| BVerfGE 96, 171-189 | Judgment of 8 July 1997 | 1 BvR 2111/94, 1 BvR 195/95, 1 BvR 2189/95 | Dismissal of employees for inaccurately answering employer’s questions regarding their role in the German Socialist Unity Party (SED) and their activities for the GDR Ministry of State Security |
| BVerfGE 96, 189-204 | Judgment of 8 July 1997 | 1 BvR 1934/93 | Extraordinary dismissal of a theology professor and temporary rector of Humboldt University (Berlin) due to earlier activities for the GDR Ministry of State Security |
| BVerfGE 96, 205-217 | Judgment of 8 July 1997 | 1 BvR 1621/94 | Dismissal of a university lecturer taken on from the public service of the GDR due to lack of professional aptitude |
| BVerfGE 96, 217-223 | Order of 8 July 1997 | 1 BvR 403/94, 1 BvR 569/94 | Objection to a cost fixing order (regarding the reimbursement of an evidence-taking fee) |
| BVerfGE 96, 223-231 | Order of 8 July 1997 | 2 BvE 1/97 | ‘Plutonium Committee’ of the Bundestag – Preliminary injunction |
| BVerfGE 96, 231-245 | Order of 9 July 1997 | 2 BvR 389/94 | Referendum in Bavaria on waste management legislation |
| BVerfGE 96, 245-250 | Order of 9 July 1997 | 2 BvR 1371/96 | Admission requirement that the complainant would suffer a ‘particularly severe disadvantage’ if the Court refused to decide on the complaint is generally satisfied by constitutional complaints against criminal convictions |
| BVerfGE 96, 251-260 | Order of 15 July 1997 | 1 BvR 1174/90 | Case fee for a lawyer when representing several complainants in a constitutional complaint challenging a legislative provision |
| BVerfGE 96, 260-264 | Order of 15 July 1997 | 1 BvL 20/94, 1 BvL 6/96 | Referral from a court regarding a transitional provision that repeated a provision already declared unconstitutional by the Federal Constitutional Court (Hesse Special Leave Act) |
| BVerfGE 96, 264-288 | Order of 17 September 1997 | 2 BvE 4/95 | Legal status of a group of MPs which under the Rules of Procedure of the German Bundestag is not large enough to qualify as a parliamentary group but whose party (Partei des Demokratischen Sozialismus – PDS) overcame the electoral threshold by winning seats in at least three constituencies (minimum representation provision) |
| BVerfGE 96, 288-315 | Order of 8 October 1997 | 1 BvR 9/97 | Integrated teaching of disabled and non-disabled children in regular state schools (inclusive education) |
| BVerfGE 96, 315-330 | Order of 14 October 1997 | 1 BvL 5/89 | Exclusion from housing benefit of persons who study part-time alongside work |
| BVerfGE 96, 330-345 | Order of 14 October 1997 | 1 BvL 5/93 | On the constitutionality of the provision under the Federal Training Assistance Act that granted financial assistance to students only in the form of loans in the 1983-1990 period while at the same time excluding them from receiving housing benefit |
| BVerfGE 96, 345-375 | Order of 15 October 1997 | 2 BvN 1/95 | Review by Land constitutional courts as to whether subjective rights that are enshrined in Land constitutional law and are equivalent to those contained in the Basic Law have been complied with in Land court proceedings governed by federal law – Deviation referral |
| BVerfGE 96, 375-407 | Order of 12 November 1997 | 1 BvR 479/92, 1 BvR 307/94 | Medical liability in cases of failed sterilisation and erroneous genetic counselling |
| BVerfGE 96, 409-414 | Order of 22 October 1997 | 1 BvR 307/94 | Statement of the Second Senate on the interpretation of § 16 of the Federal Constitutional Court Act in cases of disagreement concerning the duty of referral (Medical liability in cases of failed sterilisation and erroneous genetic counselling) |
Volume 95
Decisions
| BVerfGE 95, 1-27 | Order of 17 July 1996 | 2 BvF 2/93 | Stendal Southern Railway Bypass – Planning approval by law |
| BVerfGE 95, 27-28 | Order of 17 July 1996 | 2 BvR 38/94 | Stendal Southern Railway Bypass |
| BVerfGE 95, 28-39 | Order of 8 October 1996 | 1 BvR 1183/90 | Freedom of the press for company newspapers |
| BVerfGE 95, 39-48 | Order of 8 October 1996 | 1 BvL 15/91 | On the extent to which representatives of the civilian staff of NATO troops stationed in Germany are involved in recruitment decisions |
| BVerfGE 95, 48-64 | Order of 8 October 1996 | 1 BvR 875/92 | Relationship between restitution under the Property Act and civil law claims arising from the sale of a property effected for the purpose of obtaining permission to leave the GDR |
| BVerfGE 95, 64-96 | Order of 15 October 1996 | 1 BvL 44/92, 1 BvL 48/92 | Extension of the minimum occupancy period for publicly subsidised housing and amendment of the provisions governing rent price in cases where subsidies were voluntarily repaid prior to the entry into force of the Act Amending the Public Housing Control Act |
| BVerfGE 95, 96-143 | Order of 24 October 1996 | 2 BvR 1851/94, 2 BvR 1853/94, 2 BvR 1875/94, 2 BvR 1852/94 | Criminal liability of members of the GDR National Defence Council and GDR border guards for the killing on the inner-German border of persons attempting to escape from the GDR |
| BVerfGE 95, 143-162 | Order of 12 November 1996 | 1 BvL 4/88 | Foreign national who moved to the GDR before 19 May 1990 accrued no pension rights for the time spent in the former West Germany |
| BVerfGE 95, 163-173 | Order of 18 December 1996 | 1 BvR 748/93, 1 BvR 616/95, 1 BvR 1228/95 | Approval of Deutsches Sportsfernsehen TV station |
| BVerfGE 95, 173-188 | Order of 22 January 1997 | 2 BvR 1915/91 | Health warnings on tobacco products |
| BVerfGE 95, 189-192 | Order of 5 February 1997 | 1 BvR 2306/96, 1 BvR 2314/96 | Supplementary provisions to pregnancy support legislation in Bavaria – Self-recusal of Justice Steiner |
| BVerfGE 95, 193-219 | Order of 26 February 1997 | 1 BvR 1864/94, 1 BvR 1102/95 | Professional classification of university lecturers who worked in the former GDR (Saxony-Anhalt and East Berlin) and whose legal status remained unchanged after German reunification |
| BVerfGE 95, 220-243 | Order of 26 February 1997 | 1 BvR 2172/96 | Obligation of private broadcasters to submit recordings of their programmes to the media supervisory authority in the respective Land |
| BVerfGE 95, 243-250 | Order of 11 March 1997 | 2 BvF 2/95 | Public entities are not entitled under the Unification Treaty and the Assets Allocation Act to the restitution of private companies and shares held in private companies |
| BVerfGE 95, 250-267 | Order of 11 March 1997 | 2 BvG 3/95, 2 BvG 4/95 | On the Land governments of Saxony and Thuringia demanding that the Federation provide them with a share in the capital stock of the energy supply company Vereinigte Energiewerke (VEAG) |
| BVerfGE 95, 267-322 | Order of 8 April 1997 | 1 BvR 48/94 | Repayment of loans granted to former agricultural cooperatives (old debts) |
| BVerfGE 95, 322-335 | Order of 8 April 1997 | 1 PBvU 1/95 | Procedural requirements for determining panel composition in cases where an adjudicating body has an excess number of professional judges |
| BVerfGE 95, 335-407 | Judgment of 10 April 1997 | 2 BvF 1/95 | Overhang mandates pursuant to the Federal Elections Act |
| BVerfGE 95, 408-425 | Judgment of 10 April 1997 | 2 BvC 3/96 | Minimum representation provision of the Federal Elections Act |
Volume 94
Decisions
| BVerfGE 94, 1-12 | Order of 13 February 1996 | 1 BvR 262/91 | Freedom of expression; interpretation by the ordinary courts of a statement concerning the Society for Humane Dying |
| BVerfGE 94, 12-49 | Order of 18 April 1996 | 1 BvR 1452/90, 1 BvR 1459/90, 1 BvR 2031/94 | No reversal of expropriations carried out under occupation law or on the basis of sovereign acts by occupying powers (1945 to 1949) |
| BVerfGE 94, 49-114 | Judgment of 14 May 1996 | 2 BvR 1938/93, 2 BvR 2315/93 | Asylum law; safe third countries |
| BVerfGE 94, 115-157 | Judgment of 14 May 1996 | 2 BvR 1507/93, 2 BvR 1508/93 | Asylum law; safe countries of origin |
| BVerfGE 94, 157-163 | Judgment of 14 May 1996 | 2 BvR 1507/93, 2 BvR 1508/93 | Dissenting opinion of Justice Limbach |
| BVerfGE 94, 163 | Judgment of 14 May 1996 | 2 BvR 1507/93, 2 BvR 1508/93 | Dissenting opinion of Justice Böckenförde |
| BVerfGE 94, 164-166 | Judgment of 14 May 1996 | 2 BvR 1507/93, 2 BvR 1508/93 | Dissenting opinion of Justice Sommer |
| BVerfGE 94, 166-240 | Judgment of 14 May 1996 | 2 BvR 1516/93 | Asylum law; airport procedure |
| BVerfGE 94, 241-267 | Order of 12 March 1996 | 1 BvR 609/90, 1 BvR 692/90 | Pension entitlements arising from child-raising periods during which contributions were paid |
| BVerfGE 94, 268-297 | Order of 24 April 1996 | 1 BvR 712/86 | Fixed-term employment contracts for academic staff at universities and research institutions |
| BVerfGE 94, 297-315 | Order of 29 April 1996 | 2 BvG 1/93 | Dispute between the Federation and the Land Brandenburg concerning the amended Treuhand directive on the leasing of previously state-owned agricultural and forestry land |
| BVerfGE 94, 315-334 | Order of 13 May 1996 | 2 BvL 33/93 | Assertion of individual claims against the Federal Republic of Germany by Jewish persons seeking payment for forced labour performed during the National Socialist period |
| BVerfGE 94, 334-351 | Order of 21 May 1996 | 1 BvR 1408/95 | Unsuccessful preliminary injunction; no suspension of the land purchase scheme under the Compensation Act |
| BVerfGE 94, 351-371 | Order of 21 May 1996 | 2 BvE 1/95 | Background checks on members of the Bundestag with regard to involvement with or political responsibility for the GDR Ministry of State Security |
| BVerfGE 94, 372-400 | Order of 22 May 1996 | 1 BvR 744/88, 1 BvR 60/89, 1 BvR 1519/91 | Advertising ban for pharmacies |
Volume 93
Decisions
| BVerfGE 93, 1-25 | Order of 16 May 1995 | 1 BvR 1087/91 | Crucifixes and crosses in compulsory state schools in Bavaria |
| BVerfGE 93, 25-34 | Order of 16 May 1995 | 1 BvR 1087/91 | Dissenting opinion of Justices Seidl, Söllner and Haas |
| BVerfGE 93, 34-37 | Order of 16 May 1995 | 1 BvR 1087/91 | Dissenting opinion of Justice Haas |
| BVerfGE 93, 37-85 | Order of 24 May 1995 | 2 BvF 1/92 | Co-determination rights of staff councils (Schleswig-Holstein) |
| BVerfGE 93, 85-99 | Order of 31 May 1995 | 1 BvR 1379/94, 1 BvR 1413/94 | Key parameters for university degree courses and examinations; legal status of the dean at a university (North Rhine-Westphalia) |
| BVerfGE 93, 99-117 | Order of 20 June 1995 | 1 BvR 166/93 | Instructions on the legal remedies available for challenging civil court decisions and reinstatement in cases where the appeal brief is filed in due time with the wrong court and is only forwarded to the competent appellate court after the deadline has expired |
| BVerfGE 93, 117-120 | Order of 20 June 1995 | 1 BvR 166/93 | Dissenting opinion of Justice Kühling |
| BVerfGE 93, 121-149 | Order of 22 June 1995 | 2 BvR 37/91 | Property tax rate for property whose value is determined according to standard rates |
| BVerfGE 93, 149-165 | Order of 22 June 1995 | 2 BvR 37/91 | Dissenting opinion of Justice Böckenförde |
| BVerfGE 93, 165-179 | Order of 22 June 1995 | 2 BvR 552/91 | Inheritance tax rate for property whose value is determined according to standard rates |
| BVerfGE 93, 179-181 | Order of 29 June 1995 | 2 BvL 4/91 | Granting of legal aid in specific judicial review proceedings |
| BVerfGE 93, 181-195 | Order of 5 July 1995 | 1 BvR 2226/94 | On the powers of the Federal Intelligence Service to monitor telecommunications without grounds for suspicion – Preliminary injunction |
| BVerfGE 93, 195-208 | Order of 17 July 1995 | 2 BvH 1/95 | Exclusion of a parliamentary group staffer from a committee of inquiry due to his status as a witness |
| BVerfGE 93, 208-213 | Order of 18 July 1995 | 2 BvQ 31/95 | Background check of a member of the Thuringian Landtag for involvement with the GDR Ministry of State Security/Office for National Security – Preliminary injunction |
| BVerfGE 93, 213-248 | Order of 9 August 1995 | 1 BvR 2263/94, 1 BvR 229/95, 1 BvR 534/95 | On revoking the bar admission of lawyers who served as unofficial collaborators with the GDR Ministry of State Security |
| BVerfGE 93, 248-258 | Order of 12 September 1995 | 2 BvR 1906/95, 2 BvR 1907/95, 2 BvR 1908/95, inter alia | Refusal to issue temporary residence permits to asylum seekers and refusal of entry (Sudanese nationals) – Rejection of applications for preliminary injunction |
| BVerfGE 93, 258-266 | Order of 12 September 1995 | 2 BvR 1906/95, 2 BvR 1907/95, 2 BvR 1908/95, inter alia | Dissenting opinion of Justice Sommer |
| BVerfGE 93, 266-313 | Order of 10 October 1995 | 1 BvR 1476/91, 1 BvR 1980/91, 1 BvR 102/92, 1 BvR 221/92 | “Soldiers are (potential) murderers” |
| BVerfGE 93, 313-319 | Order of 10 October 1995 | 1 BvR 1476/91, 1 BvR 1980/91, 1 BvR 102/92, 1 BvR 221/92 | Dissenting opinion of Justice Haas |
| BVerfGE 93, 319-352 | Order of 7 November 1995 | 2 BvR 413/88, 2 BvR 1300/93 | Groundwater extraction charges (Baden-Württemberg, Hesse) |
| BVerfGE 93, 352-361 | Order of 14 November 1995 | 1 BvR 601/92 | On a works council chairperson being warned for promoting trade union membership in the workplace during working hours |
| BVerfGE 93, 362-372 | Order of 5 December 1995 | 1 BvR 2011/94 | Rights of lawyers to represent clients in the courts of the Länder in the former GDR |
| BVerfGE 93, 373-381 | Order of 16 January 1996 | 2 BvL 4/95 | Provision banning former spouses from sitting at the same time on the municipal council of municipalities with less than 20,000 inhabitants |
| BVerfGE 93, 381-385 | Order of 18 January 1996 | 1 BvR 2116/94 | Constitutional complaint against an eviction order issued due to non-compliance with an order (subsequently reversed by the Federal Constitutional Court) requiring a satellite dish to be removed |
| BVerfGE 93, 386-403 | Order of 31 January 1996 | 2 BvL 39/93, 2 BvL 40/93 | On the granting of a higher overseas supplement to soldiers in integrated military staffs |
Volume 92
Decisions
| BVerfGE 92, 1-20 | Order of 10 January 1995 | 1 BvR 718/89, 1 BvR 719/89, 1 BvR 722/89, 1 BvR 723/89 | Sit-down blockade |
| BVerfGE 92, 20-25 | Order of 10 January 1995 | 1 BvR 718/89, 1 BvR 719/89, 1 BvR 722/89, 1 BvR 723/89 | Dissenting opinion of Justices Seidl, Söllner and Haas |
| BVerfGE 92, 26-53 | Judgment of 10 January 1995 | 1 BvF 1/90, 1 BvR 342/90, 1 BvR 348/90 | Introduction of an international shipping register (second register) for German-flagged merchant ships used for international transport |
| BVerfGE 92, 53-74 | Order of 11 January 1995 | 1 BvR 892/88 | Taking one-off wage payments into account when calculating social security contributions but not when calculating wage replacement benefits |
| BVerfGE 92, 74-80 | Order of 11 January 1995 | 2 BvE 5/94 | On whether an amendment to the Members of the Bundestag Act violates the Basic Law by introducing provisions governing the Bundestag’s rules of procedure |
| BVerfGE 92, 80-91 | Order of 23 January 1995 | 2 BvE 6/94, 2 BvE 7/94 | Overhang mandates in elections to the German Bundestag |
| BVerfGE 92, 91-122 | Order of 24 January 1995 | 1 BvL 18/93, 1 BvL 5/94, 1 BvL 6/94, inter alia | Fire brigade levy |
| BVerfGE 92, 122-126 | Order of 24 January 1995 | 1 BvR 1229/94 | Conditions under which legal aid may be granted to a party entitled to submit a statement in constitutional complaint proceedings pursuant to § 94(3) of the Federal Constitutional Court Act |
| BVerfGE 92, 126-130 | Order of 7 February 1995 | 1 BvR 2116/94 | Constitutional complaint against an eviction order issued due to non-compliance with an order (subsequently reversed by the Federal Constitutional Court) requiring a Turkish tenant to remove a satellite dish – Preliminary injunction |
| BVerfGE 92, 130-137 | Order of 9 February 1995 | 2 BvQ 6/95 | On whether individual members of the Thuringian Landtag are entitled to compel the Thuringian Court of Audit to submit its annual audit report to the Landtag and to demand that the budget not be discussed until the report is submitted – Preliminary injunction |
| BVerfGE 92, 138-139 | Order of 16 February 1995 | 2 BvR 1852/94 | Self-recusal of the President of the Federal Constitutional Court |
| BVerfGE 92, 140-157 | Order of 21 February 1995 | 1 BvR 1397/93 | Dismissal from the Land Berlin police service of an employee who was previously a captain in the GDR police force and a secretary in the German Socialist Unity Party (SED) |
| BVerfGE 92, 158-190 | Order of 7 March 1995 | 1 BvR 790/91, 1 BvR 540/92, 1 BvR 866/92 | Legal status of an unmarried father in cases where a child born out of wedlock is adopted by its mother or her husband |
| BVerfGE 92, 191-203 | Order of 7 March 1995 | 1 BvR 1564/92 | On charging a person at a public demonstration with an administrative offence for refusing to provide their personal data |
| BVerfGE 92, 203-245 | Judgment of 22 March 1995 | 2 BvG 1/89 | Federal Government’s duties to take action when the EEC “Television Without Frontiers” Directive was enacted |
| BVerfGE 92, 245-261 | Order of 23 March 1995 | 2 BvR 492/95, 2 BvR 493/95 | Denial of interim legal protection in follow-up asylum application proceedings |
| BVerfGE 92, 262-277 | Order of 26 April 1995 | 1 BvL 19/94, 1 BvR 1454/94 | Exclusion of belatedly filed claims from bankruptcy proceedings in the territory of the former GDR |
| BVerfGE 92, 277-341 | Order of 15 May 1995 | 2 BvL 19/91, 2 BvR 1206/91, 2 BvR 1584/91, 2 BvR 2601/93 | Criminal liability of former employees and agents of the GDR Ministry of State Security and the GDR military intelligence service for espionage activities directed against the Federal Republic and its NATO partners |
| BVerfGE 92, 341-365 | Order of 15 May 1995 | 2 BvL 19/91, 2 BvR 1206/91, 2 BvR 1584/91, 2 BvR 2601/93 | Dissenting opinion of Justices Klein, Kirchhof and Winter |
| BVerfGE 92, 365-411 | Judgment of 4 July 1995 | 1 BvF 2/86, 1 BvF 1/87, 1 BvF 2/87, 1 BvF 3/87, 1 BvF 4/87, 1 BvR 1421/86 | Payment of benefits (short-time work allowance) to workers in the same industry but different collective bargaining districts in the case of regionally limited industrial action |
Volume 91
Decisions
| BVerfGE 91, 1-38 | Order of 16 March 1994 | 2 BvL 3/90, 2 BvL 4/91, 2 BvR 1537/88, inter alia | On whether the provisions governing placement in addiction treatment facilities and offsetting the duration of such placements against prison sentences are constitutional |
| BVerfGE 91, 38-70 | Order of 16 March 1994 | 2 BvL 3/90, 2 BvL 4/91, 2 BvR 1537/88, inter alia | Dissenting opinion of Justice Graßhof |
| BVerfGE 91, 70-83 | Order of 3 May 1994 | 2 BvR 2760/93, 2 BvQ 3/94, 2 BvR 707/94, 2 BvR 741/94 | Municipal territorial reform in Thuringia – Preliminary injunction |
| BVerfGE 91, 83-93 | Order of 10 May 1994 | 1 BvR 1534/92 | Transfer of terrestrial broadcasting frequencies from VOX to WDR – Preliminary injunction |
| BVerfGE 91, 93-118 | Order of 14 June 1994 | 1 BvR 1022/88 | Reduction of child benefit for higher earners in the years 1983-1987 |
| BVerfGE 91, 118-124 | Order of 28 June 1994 | 1 BvL 14/88, 1 BvL 15/88 | On auditing officials confining themselves to random checks when exercising their right to file complaints against the granting of legal aid |
| BVerfGE 91, 125-139 | Order of 14 July 1994 | 1 BvR 1595/92, 1 BvR 1606/92 | On the permissibility of filming in the courtroom before and after the hearing (criminal proceedings against Honecker et al.) |
| BVerfGE 91, 140-146 | Order of 3 August 1994 | 1 BvR 1279/94 | On whether a claim for punitive damages before a United States court may be served upon a German legal entity by way of mutual legal assistance – Preliminary injunction |
| BVerfGE 91, 146-147 | Order of 6 October 1994 | 2 BvR 856/81 | Reimbursement of expenses from preliminary injunction proceedings and partial reimbursement of expenses from constitutional complaint proceedings in a case where the challenged act was reversed by the relevant public authority during the course of the proceedings |
| BVerfGE 91, 148-176 | Order of 11 October 1994 | 1 BvR 337/92 | Adoption of Federal Government statutory instruments by means of a written voting procedure |
| BVerfGE 91, 176-185 | Order of 11 October 1994 | 1 BvR 1398/93 | On the failure to disclose the factual basis of an expert opinion concerning local average rent (names and addresses of the tenants whose flats were included in the statistics) in the case of a legal action against a rent increase |
| BVerfGE 91, 186-207 | Order of 11 October 1994 | 2 BvR 633/86 | Constitutional complaint concerning a special levy on electricity prices to subsidise the German coal mining industry |
| BVerfGE 91, 207-226 | Order of 12 October 1994 | 1 BvL 19/90 | On whether the shipowner as well as the ship’s chandler may be charged for port dues (Bremen) |
| BVerfGE 91, 226-228 | Order of 12 October 1994 | 2 BvR 1851/94, 2 BvR 1853/94, 2 BvR 1875/94 | Self-recusal of the President of the Federal Constitutional Court |
| BVerfGE 91, 228-245 | Order of 26 October 1994 | 2 BvR 445/91 | Gender equality officers in Schleswig-Holstein municipalities |
| BVerfGE 91, 246-251 | Order of 27 October 1994 | 2 BvH 4/92 | Standing in a Land constitutional dispute on whether the Land government of Saxony was permitted to establish a university of applied sciences, dismiss teachers and appoint civil servants without statutory authorisation |
| BVerfGE 91, 252-261 | Order of 8 November 1994 | 1 BvR 1814/94 | On the constitutionality of a transitional provision requiring that employees whose employment relationship had been extended beyond the age of 65 retire within three months of the adoption of said provision if they are aged 65 or over and entitled to receive an old-age pension |
| BVerfGE 91, 262-275 | Order of 17 November 1994 | 2 BvB 1/93 | Definition of a political party (Art. 21 of the Basic Law, § 2 of the Political Parties Act) |
| BVerfGE 91, 276-294 | Order of 17 November 1994 | 2 BvB 2/93, 2 BvB 3/93 | Definition of a political party (Art. 21 of the Basic Law, § 2 of the Political Parties Act) |
| BVerfGE 91, 294-319 | Order of 22 November 1994 | 1 BvR 351/91 | Temporary continued applicability of rent control provisions in the Länder of the former GDR and in East Berlin |
| BVerfGE 91, 320-328 | Order of 7 December 1994 | 1 BvR 1416/94, 1 BvR 1504/94, 1 BvR 1629/94, 1 BvR 1681/94 | Unsuccessful preliminary injunction to suspend the statutory framework on the liability to pay contributions to public social care insurance and on the amount of those contributions |
| BVerfGE 91, 328-334 | Order of 7 December 1994 | 1 BvR 2011/94 | Temporary continued applicability of the statutory framework governing the rights of lawyers to represent clients in the courts of the Länder in the former GDR – Preliminary injunction |
| BVerfGE 91, 335-345 | Order of 7 December 1994 | 1 BvR 1279/94 | On whether a claim for punitive damages before a United States court may be served upon a German legal entity by way of mutual legal assistance |
| BVerfGE 91, 346-366 | Order of 14 December 1994 | 1 BvR 720/90 | Allocating a farm to one co-heir while settling the claims of the other co-heirs based on the farm’s income value |
| BVerfGE 91, 367-389 | Order of 19 December 1994 | 2 BvL 8/88 | Election of a staff council chairperson and their deputy by an overall majority in the staff council but without majority support from the group they represent (civil servants, white-collar employees, blue-collar workers) – North Rhine-Westphalia |
| BVerfGE 91, 389-404 | Order of 19 December 1994 | 2 BvL 20/87, 20/88) | Taking the income and assets of a permanently separated spouse into account when calculating a student grant |
Volume 90
Decisions
| BVerfGE 90, 1-21 | Order of 11 January 1994 | 1 BvR 434/87 | Banning of a book questioning Germany’s responsibility for the outbreak of the Second World War |
| BVerfGE 90, 22-27 | Order of 8 February 1994 | 1 BvR 1693/92 | Requirements for constitutional complaints to be admitted for decision pursuant to § 93a(2) of the Federal Constitutional Court Act |
| BVerfGE 90, 27-39 | Order of 9 February 1994 | 1 BvR 1687/92 | Installation of a satellite dish by a Turkish tenant despite the availability of cable television |
| BVerfGE 90, 40-43 | Order of 14 February 1994 | 2 BvH 2/93 | Election of members of a parliamentary committee of inquiry in Saxony tasked with examining the question of background checks on government staff |
| BVerfGE 90, 43-46 | Order of 14 February 1994 | 2 BvH 6/92 | State treaty on the Mitteldeutscher Rundfunk public broadcasting service |
| BVerfGE 90, 46-60 | Order of 22 February 1994 | 1 BvL 21/85, 1 BvL 4/92 | On the differing participation rights of the staff council when an employee is dismissed during the probationary period depending on whether the employee concerned is a blue-collar worker or white-collar employee |
| BVerfGE 90, 60-107 | Judgment of 22 February 1994 | 1 BvL 30/88 | On whether the determination of the public broadcasting fee via state treaty at the Länder level violates the freedom of broadcasting from state interference |
| BVerfGE 90, 107-127 | Order of 9 March 1994 | 1 BvR 682/88, 1 BvR 712/88 | Funding of Waldorf schools by the Free State of Bavaria (waiting periods) |
| BVerfGE 90, 128-145 | Order of 9 March 1994 | 1 BvR 1369/90 | Funding of Waldorf schools by the Land Baden-Württemberg (waiting periods; school building measures) |
| BVerfGE 90, 145-199 | Order of 9 March 1994 | 2 BvL 43/92, 2 BvL 51/92, 2 BvL 63/92, inter alia | Handling of cannabis products |
| BVerfGE 90, 199-212 | Order of 9 March 1994 | 2 BvL 43/92, 2 BvL 51/92, 2 BvL 63/92, inter alia | Dissenting opinion of Justice Graßhof |
| BVerfGE 90, 212-226 | Order of 9 March 1994 | 2 BvL 43/92, 2 BvL 51/92, 2 BvL 63/92, inter alia | Dissenting opinion of Justice Sommer |
| BVerfGE 90, 226-240 | Order of 23 March 1994 | 1 BvL 8/85 | Taking church tax into account when calculating the net income of an unemployed person who is not a member of a church that levies church tax |
| BVerfGE 90, 241-254 | Order of 13 April 1994 | 1 BvR 23/94 | Conditions imposed on a public gathering at which Holocaust denial is expected |
| BVerfGE 90, 255-263 | Order of 26 April 1994 | 1 BvR 1689/88 | Insult of prison officers in a letter to an imprisoned sibling |
| BVerfGE 90, 263-277 | Order of 26 April 1994 | 1 BvR 1299/89, 1 BvL 6/90 | Period after reaching the age of majority during which a child may contest their status as a legitimate child |
| BVerfGE 90, 277-285 | Order of 29 April 1994 | 1 BvR 661/94 | Temporary suspension of a decision issued by the Bavarian Constitutional Court concerning the discontinuation of local radio content – Preliminary injunction |
| BVerfGE 90, 286-394 | Judgment of 12 July 1994 | 2 BvE 3/92, 2 BvE 5/93, 2 BvE 7/93, 2 BvE 8/93 | Deployment of German armed forces in Adriatic, AWACS and Somalia operations |