Milestones in the history of the Federal Constitutional Court

The Basic Law enters into force. Unlike the Weimar Republic’s Staatsgerichtshof, the Federal Constitutional Court is vested with far-reaching powers, including the power to enforce fundamental rights and to declare statutes void.

The Federal Constitutional Court Act enters into force – almost two years after the Basic Law and following a long legislative procedure.

The Act on the Seat of the Federal Constitutional Court provides that the Court’s seat be 'in Karlsruhe for the time being'. The Federal Minister of Justice sets up an office on the premises of the Federal Court of Justice for organisational preparations.

Composed of 24 Justices, one of them female, the Federal Constitutional Court takes up its work in the Prinz Max Palais in Karlsruhe. Its first President is Hermann Höpker-Aschoff.

The Second Senate renders the first decision of the Federal Constitutional Court. It relates to the territorial reorganisation of the Länder Baden, Württemberg-Baden, and Württemberg-Hohenzollern, and suspends the planned referendum on the foundation of a ‘Southwest State’.

See also Order of 9 September 1951 - 2 BvQ 1/51 - BVerfGE 1, 1 (in German)

The Federal Constitutional Court is formally inaugurated; Federal President Heuss and Federal Chancellor Adenauer attend the ceremony.

The Plenary of the Federal Constitutional Court delivers its first advisory opinion requested by the Federal President and concerning the participation of the Bundesrat in the adoption of a tax law. Two further advisory opinions are issued before this function of the Federal Constitutional Court is abolished in 1956.

See also Advisory Opinion of 22 November 1951 - PBvV 1/51 - BVerfGE 1, 76 (in German)

In what is known as its ‘Status Memorandum’, the Federal Constitutional Court defines itself as a constitutional organ and further explains this status.

In the first proceedings for the prohibition of a political party, the First Senate declares the Sozialistische Reichspartei (SRP) unconstitutional.

See also Judgment of 23 October 1952 - 1 BvB 1/51 - BVerfGE 2, 1 (in German)

See also Press Release No. 59/1952 of 23 October 1952

In the second proceedings for the prohibition of a political party, the First Senate holds that the Kommunistische Partei Deutschlands (KPD) is unconstitutional.

See also Judgment of 17 August 1956 - 1 BvB 2/51 - BVerfGE 5, 85 (in German)

Based on the fundamental right to freedom of action, the First Senate rules in its Elfes judgment that citizens are entitled to lodge a constitutional complaint challenging the constitutionality of a freedom-restricting statute.

See also Judgment of 16 January 1957 - 1 BvR 253/56 - BVerfGE 6, 32

The First Senate pronounces its judgment in the Lüth case. Erich Lüth had called Veit Harlan ‘the no. 1 Nazi film director’ and had publicly called for a boycott of one of his films. The Federal Constitutional Court emphasises the importance of the fundamental right to freedom of expression, and holds that the effects of fundamental rights are not restricted to the relationship between state and citizens but also extend to the relationship between citizens.

See also Abstract of the Judgment of 15 January 1958 - 1 BvR 400/51 - BVerfGE 7, 198

The First Senate holds that the father’s final say in disagreements about the exercise of parental responsibility violates the requirement of gender equality.

See also Judgment of 29 July 1959 - 1 BvR 205/58 - BVerfGE 10, 59 (in German)

In its Television judgment, the Second Senate holds that the television company Deutschland-Fernsehen GmbH, founded on the initiative of the Federal Government, is unconstitutional.

See also Judgment of 28 February 1961 - 2 BvG 1/60 et al. - BVerfGE 12, 205 (in German)

The Federal Constitutional Court moves to its official residence, planned by architect Paul Baumgarten, in the Schlossbezirk, directly next to the Karlsruhe Palace.

To strengthen the Justices’ independence, their term of office is limited to twelve years without the possibility of re-election. Furthermore, Justices who do not agree with a decision rendered by their Senate can now submit a dissenting opinion.

The first dissenting opinion, issued by Justices von Schlabrendorff, Geller and Rupp, concerns the Wiretapping judgment pronounced by the Second Senate on 15 December 1970.

See also Judgment of 15 December 1970 - 2 BvF 1/69 et al. - BVerfGE 30, 1 (in German)

The Second Senate finds that the Treaty on the Foundations of the Relations between the Federal Republic of Germany and the German Democratic Republic is in conformity with the Constitution. At the same time, it holds that German reunification is a constitutional requirement, obliging all constitutional organs to work towards achieving this objective.

See also Judgment of 31 July 1973 - 2 BvF 1/73 - BVerfGE 36, 1 (in German)

The First Senate declares unconstitutional the time-limit model for abortions, according to which abortions within the first three months of pregnancy are exempt from punishment.

On 4 March 1975 at 8:07 p.m., an explosive device planted in front of the courtroom building exploded. Nobody was injured in the attack, only a few glass panes of the building exterior were destroyed. The group 'Women of the Revolutionary Cell', which had hitherto been unknown, claimed responsibility for the attack. Their violent protest was directed at the judgment on abortion pronounced one week earlier.

See also Judgment of 25 February 1975 - 1 BvF 7/74 et al. - BVerfGE 39, 1 (in German)

By its 25th anniversary, the Court received more than 33,000 constitutional complaints and about 60,000 other submissions of various kinds.

The family of Hanns Martin Schleyer, the abducted president of the German Employers’ Association, calls on the Federal Government to comply with the demands of the terrorist group Red Army Faction. In a late-night session, the First Senate concludes that no clear obligation to act can be derived from the Basic Law in this matter. The Federal Government does not comply with the kidnappers’ demands. Two days later, the kidnappers shoot Schleyer.

See also Judgment of 16 October 1977 - 1 BvQ 5/77 - BVerfGE 46, 160

A majority in the Second Senate approves the dissolution of the German Bundestag by the Federal President after Federal Chancellor Kohl lost a vote of confidence, which he had sought to enable him to call new elections.

See also Judgment of 16 February 1983 - 2 BvE 1/83 et al. - BVerfGE 62, 1 (in German)

The First Senate decides that the planned census is partially unconstitutional and outlines the right to informational self-determination.

See also Judgment of 15 December 1983 - 1 BvR 209/83 et al.

In its Brokdorf order, the First Senate lifts bans on protests against the construction of a nuclear power plant and emphasises the importance of freedom of assembly in a democratic society.

See also Order of 14 May 1985 - 1 BvR 233/81 et al. - BVerfGE 69, 315 (in German)

The Federal Constitutional Court decides on cases relating to the reunification of Germany. In two judgments, the First Senate finds that the Unification Treaty is constitutional. The first judgment concerns the legal validity of expropriations in the former Soviet occupation zone; the second judgment deals with transitional provisions applying to persons who worked in the public service of the former German Democratic Republic.

See also Judgment of 23 April 1991 - 1 BvR 1174/90 et al. - BVerfGE 84, 90 (in German) and Judgment of the First Senate of 24 April 1991 - 1 BvR 1341/90 - BVerfGE 84, 133

The Second Senate decides that while the state may contribute to the financing of political parties, they also have to seek financial support from their members and affiliated citizens.

See also Judgment of 9 April 1992 - 2 BvE 2/89 - BVerfGE 85, 264 (in German)

In its Maastricht judgment, the Second Senate approves Germany’s participation in the establishment of the European Union.

See also Judgment of 12 October 1993 - 2 BvR 2134/92 - BVerfGE 89, 155 

See also Press Release No. 39/1993 of 12 October 1993

The Second Senate holds that armed deployments of the Federal Armed Forces (Bundeswehr) must be subject to prior approval by the Bundestag. Deployments of the Bundeswehr abroad within a system of collective security (such as NATO) are held to be compatible with the Basic Law.

See also Judgment of 12 July 1994 - 2 BvE 3/92 et al. - BVerfGE 90, 286 (in German)

See also Press Release No. 29/1994 of 12 July 1994

In its Crucifix order, the First Senate finds that the display of crucifixes in the classrooms of compulsory state schools violates freedom of religion.

See also Order of 16 May 1995 - 1 BvR 1087/91 - BVerfGE 93, 1 (in German)

The First Senate decides that using the Tucholsky quote ‘Soldiers are murderers’ vis-à-vis Bundeswehr soldiers is not an insult in every case, but that freedom of expression and the protection of personal honour must be balanced against one another.

See also Order of 10 October 1995 - 1 BvR 1476/91 - BVerfGE 93, 266 (in German)

See also Press Release No. 46/1995 of 7 November 1995

The Federal Constitutional Court establishes a press office, not least due to strong reactions to some of its recent decisions.

See also Press office of the Federal Constitutional Court

The Second Senate decides that killings at the former border between the Federal Republic of Germany and the German Democratic Republic can be prosecuted although they were not punishable in the German Democratic Republic.

See also Order of 24 October 1996 - 2 BvR 1851/94 - BVerfGE 95, 96 (in German)

See also Press Release No. 69/1996 of 12 November 1996

On the occasion of its 50th anniversary, the Federal Constitutional Court opens its doors to the general public, marking the occasion with public celebrations, political cabaret, panel discussions and the exhibition Kunst Macht Würde. Around 30,000 visitors take the opportunity to visit the highest German court.

The Second Senate decides that a parliamentary committee of inquiry mainly serves to protect the parliamentary minority, which is therefore entitled to an appropriate say in the committee’s taking of evidence.

See also Judgment of 8 April 2002 - 2 BvE 2/01 - (in German)

See also Press Release No. 44/2002 of 8 April 2002

The First Senate holds that the institution of registered civil partnership for same-sex couples is compatible with the special protection of marriage and the family required by the Basic Law.

See also Judgment of 17 July 2002 - 1 BvF 1/01 inter alia - BVerfGE 105, 313

The Second Senate decides to discontinue proceedings for the prohibition of the Nationaldemokratische Partei Deutschlands (NPD). Three Justices think that confidential informants of state agencies who monitor the party’s activities and act as members of its executive board pose an obstacle to the proceedings.

See also Order of 18 March 2003 - 2 BvB 1/01 - (in German)

See also Press Release No. 22/2003 of 18 March 2003

The First Senate declares void an authorisation to shoot down passenger aircraft intended to be used as tools in terrorist attacks, which was granted in the aftermath of 9/11 under the Aviation Security Act. It holds that the fundamental right to life and the guarantee of human dignity preclude the killing of uninvolved bystanders.

See also:

Judgment of the First Senate of 15 February 2006 - 1 BvR 357/05 - and Press Release No. 11/2006 of 15 February 2006

Order of the Plenary of 03 July 2012 - 2 PBvU 1/11

Order of the Second Senate of 20 March 2013 - 2 BvF 1/05 - (in German) and Press Release No. 27/2013 of 18 April 2013

The First Senate decides that preventive electronic profiling is only compatible with the fundamental right to informational self-determination if there is at least a specific danger to high-ranking legal interests.

See also Order of 4 April 2006 - 1 BvR 518/02 - (in English)

The Court’s extension building, designed by architect Michael Schrölkamp, is inaugurated.

The Second Senate declares that the German Act of Approval to the Treaty of Lisbon is compatible with the Basic Law.

See also Judgment of 30 June 2009 - 2 BvE 2/08

See also Press Release No. 72/2009 of 30 June 2009

The First Senate holds that the fundamental right to the guarantee of an existential minimum in accordance with human dignity requires that the determination of benefits be based on a realistic assessment.

See also Judgment of 9 February 2010 - 1 BvL 1/09 -

See also Press Release No. 5/2010 of 9 February 2010

Having due regard to the case-law of the European Court of Human Rights in Strasbourg, the Second Senate decides that the law on preventive detention is unconstitutional and must be fundamentally revised.

See also Judgment of 4 May 2011- 2 BvR 2365/09 -

See also Press Release No. 31/2011 of 4 May 2011

In preliminary injunction proceedings, the Second Senate decides that, subject to certain conditions, Germany’s participation in the European Stability Mechanism is compatible with the Constitution.

See also Judgment of 12 September 2012 - 2 BvR 1390/12 -

See also Press Release No. 67/2012 of 12 September 2012

The First Senate holds that a general prohibition on the expression of religious beliefs by way of one’s outward appearance imposed on educational staff in state schools is not compatible with freedom of faith and freedom to profess a belief. The complainants had challenged the sanctions imposed on them for their refusal to remove a headscarf worn for religious reasons, or a woollen hat worn instead, while teaching at school.

See also Order of 27 January 2015 - 1 BvR 471/10, 1 BvR 1181/10 -

See also Press Release No.14/2015 of 13 March 2015

In individual cases, fundamental rights protection by the Federal Constitutional Court may encompass the review of acts of public authority governed by European Union law if this is indispensable to protect the constitutional identity guaranteed by Art. 79(3) of the Basic Law. This is what the Second Senate decides with regard to the principle of individual culpability, according to which any criminal sanction requires that the offence and the offender’s culpability be proven in accordance with the applicable procedural law. On this basis, the Senate reverses and remands an order to extradite a US citizen to Italy, where he had been sentenced in absentia to a custodial sentence of thirty years.

See also Order of 15 December 2015 - 2 BvR 2735/14 -

See also Press Release No. 4/2016 of 26 January 2016

Following the suspension of proceedings and the request for a preliminary ruling from the Court of Justice of the European Union, the Second Senate holds that the Federal Government and the Bundestag did not violate German constitutional law by not taking suitable steps to revoke or limit the effect of the decision of the European Central Bank concerning the OMT programme, if the conditions set out by the Court of Justice in its Judgment of 16 June 2015 (C-62/14) that limit the scope of the OMT programme are met.

See also Judgment of 21 June 2016 - 2 BvR 2728/13 inter alia

See also Press Release No. 34/2016 of 21 June 2016

In the third proceedings for the prohibition of a political party before the Court, the Second Senate holds that the Nationaldemokratische Partei Deutschlands (NPD) advocates a political concept aimed at abolishing the free democratic basic order. However, the NPD is not prohibited as there are no indications that it will succeed in achieving its anti-constitutional aims.

The First Senate decides that the provisions of civil status law are incompatible with the general right of personality and the prohibition of discrimination insofar as civil status law does not provide for a further positive category other than male or female for persons who cannot permanently be assigned either the male or the female sex.

See also Order of 10 October 2017 - 1 BvR 2019/16

See also Press Release No. 95/2017 of 8 November 2017

The Second Senate decides that the prohibition of strike action for civil servants is constitutional. This prohibition represents an independent and traditional principle of the career civil service system, to which the legislator must have regard. The prohibition of strike action is also compatible with the principle of the Constitution’s openness to international law and with the guarantees of the European Convention on Human Rights.

See also Judgment of 12 June 2018 – 2 BvR 1738/12, 2 BvR 646/15, 2 BvR 1068/14, 2 BvR 1395/13

See also Press Release No. 46/2018 of 12 June 2018

The First Senate decides that the Federal Constitutional Court primarily relies on the fundamental rights of the Basic Law when reviewing ordinary legislation that is not fully harmonised under EU law. It holds that online press archives may be required to take measures protecting against the indefinite dissemination via search engines of news publications containing information relating to individual persons (Right to be forgotten I).

See also Order of 6 November 2019 – 1 BvR 16/13

See also Press Release No. 83/2019 of 27 November 2019

The Federal Constitutional Court decides for the first time that the Court itself can directly review the application of EU law by German authorities, relying on EU fundamental rights as the applicable standard of review. When reviewing claims for injunctive relief against search engine operators, courts must take into account the freedom of expression afforded publishers of online content (Right to be forgotten II).

See also Order of 6 November 2019 – 1 BvR 276/17

See also Press Release No. 84/2019 of 27 November 2019

The Second Senate declares that the prohibition of assisted suicide services (§ 217 of the Criminal Code) is unconstitutional. The general right of personality encompasses a right to a self-determined death. This right includes the freedom to take one’s own life and to resort to assistance provided voluntarily by others for this purpose.

See also Judgment of 26 February 2020 – 2 BvR 2347/15, 2 BvR 2527/16,
2 BvR 2354/16, 2 BvR 1593/16, 2 BvR 1261/16, 2 BvR 651/16

See also Press Release No. 12/2020 of 26 February 2020

The Second Senate finds that the decisions of the European Central Bank on the Public Sector Purchase Programme (PSPP) exceed EU competences. The differing view of the Court of Justice of the European Union (CJEU) in its judgment on the PSPP does not warrant a different conclusion. With regard to the proportionality assessment undertaken by the CJEU in relation to the decisions adopted to implement the PSPP, that judgment is simply not comprehensible and was thus rendered ultra vires.

See also Judgment of 5 May 2020 - 2 BvR 859/15, 2 BvR 980/16, 2 BvR 2006/15, 2 BvR 1651/15

See also Press Release No. 32/2020 of 5 May 2020

The First Senate decides that the provisions of the Federal Climate Change Act governing national climate targets and the annual emission amounts allowed until 2030 are incompatible with fundamental rights insofar as they lack sufficient specifications for further emission reductions from 2031 onwards. The challenged provisions violate the freedoms of the complainants, some of whom are still very young. The provisions irreversibly offload major emission reduction burdens onto periods after 2030.

See also Order of 24 March 2021 – 1 BvR 2656/18, 1 BvR 96/20, 1 BvR 78/20, 1 BvR 288/20, 1 BvR 96/20, 1 BvR 78/20 

See also Press Release No. 31/2021 of 29 April 2021

For its 70th anniversary, the Federal Constitutional Court is only able to open its doors to the public virtually. Among the exhibitions presenting the Court’s work are a glass cube on Karlsruhe’s market square, new films on the Court’s website and several projects in collaboration with the Federal Agency for Civic Education. In addition, an LED-installation displaying the most important dates and decisions from the past 70 years is installed on the Court building.

See also 70 years of constitutional justice

The First Senate finds that curfews and contact restrictions were compatible with the Basic Law in view of the extreme danger posed by the COVID-19 pandemic. The measures were part of a protection strategy devised by the legislator to protect life and health and to maintain the proper functioning of the healthcare system as exceptionally significant interests of the common good.

See also Order of 19 November 2021 – 1 BvR 781/21,1 BvR 798/21,1 BvR 805/21, 1 BvR 820/21, 1 BvR 854/21, 1 BvR 860/21, 1 BvR 889/21

See also Press Release No. 101/2021 of 30 November 2021

The First Senate decides that school closures were permissible on the basis of the information available in April 2021. The Court for the first time recognises a right to school education and finds that the prohibition of classroom lessons amounted to a serious interference with that right. However, such interference had to be weighed against exceptionally significant interests of the common good, namely the protection of the public from dangers to life and health and the proper functioning of the healthcare system.

See also Order of 19 November 2021 – 1 BvR 971/21, 1 BvR 1069/21
See also Press Release No. 100/2021 of 30 November 2021

The Second Senate rejects two constitutional complaints challenging the domestic act by which the Federal Republic of Germany approved the 2020 EU Own Resources Decision – a decision adopted by the Council of the European Union authorising the European Commission to borrow up to EUR 750 billion to deal with the effects of the COVID-19 pandemic. The ratifying act does not violate the complainants’ right to democratic self-determination.

See also Judgment of 6 December 2022 – 2 BvR 547/21, 2 BvR 798/21
See also Press Release No. 103/2022 of 6 December 2022

The First Senate decides that the Act to Prevent Child Marriages is incompatible with the Basic Law due to the failure to address the legal consequences of the invalidation of child marriages concluded abroad and the lack of possibility for a marriage to be recognised as valid after the age of majority is reached.

See also Order of 1 February 2023 – 1 BvL 7/18
See also Press Release No. 36/2023 of 29 March 2023

The Second Senate decides that state funding of political foundations must be based on a separate act of Parliament.

See also Judgment of 22 February 2023 – 2 BvE 3/19 (in German)
See also Press Release No. 22/2023 of 22 February 2023

The Second Senate decides that the provision under § 362 no. 5 of the Code of Criminal Procedure on the reopening of criminal proceedings after acquittal is unconstitutional.

See also Judgment of 31 October 2023 – 2 BvR 900/22
See also Press Release No. 94/2023 of 31 October 2023

The Second Senate held that the Second Supplementary Budget Act 2021 is incompatible with Art. 109(3), Art. 110(2) and Art. 115(2) of the Basic Law and is void.

See also Judgment of 15 November 2023 – 2 BvF 1/22 
See also Press Release No. 101/2023 of 15 November 2023

The First Senate decides that remarks in Abitur certificates indicating an exemption from grading for certain proficiencies are required in principle. Remarks in the 2010 Abitur certificates received by the complainants in Bavaria that their spelling proficiency had not been assessed due to their dyslexia violated their fundamental rights under Art. 3(3) second sentence of the Basic Law, as these remarks were only included on the Abitur certificates of students with dyslexia.

See also Judgment of 22 November 2023 – 1 BvR 2577/15, 1 BvR 2578/15, 1 BvR 2579/15
See also Press Release No. 107/2023 of 22 November 2023

The Second Senate held that the party Die Heimat (previously NPD) is excluded from state funding for six years.

See also Judgment of 23 January 2024 (in German only) - 2 BvB 1/19 - BVerfGE 168, 193
See also Press Release No. 9/2024 of 23 January 2024

The First Senate held that the statutory provisions on the right of a biological father to challenge the paternity of the legally recognised father of the child are incompatible with the Basic Law. They do not sufficiently take into account the fundamental right of biological fathers.

See also Judgment of 9 April 2024 - 1 BvR 2017/21 - BVerfGE 169, 1
See also Press Release No. 35/2024 of 9 April 2024

The Second Senate held that changes to the Federal Elections Act to reduce the size of the German Bundestag are constitutional for the most part. The specific design of the 5% electoral threshold is nevertheless incompatible with the Basic Law.

See also Judgment of 30 July 2024 (in German only) - 2 BvF 1/23, 2 BvF 3/23, 2 BvE 2/23, 2 BvE 9/23, 2 BvE 10/23, 2 BvR 1523/23, 2 BvR 1547/23 - BVerfGE 169, 236
See also Press Release No. 64/2024 of 30 July 2024

The First Senate held that the rate of general assistance set under the Federal Training Assistance Act for students at public universities during the period of October 2014 through February 2015 is constitutional. The Federal Constitutional Court held that receiving state benefits for higher education is not a subjective constitutional right which the legislator could violate by determining a certain rate of general assistance.

See also Order of 23 September 2024 - 1 BvL 9/21
See also Press Release No. 88/2024 of 31 October 2024

The First Senate held that the interpretation adopted by the Federal Labour Court, according to which the collectively agreed rules on supplementary allowances for regular night shift work are incompatible with Art. 3(1) of the Basic Law and that the higher allowances paid for irregular night work must consequently be applied (‘upward adjustment’), does not take into account the freedom of labour coalitions in the way required by constitutional law.

See also Order of 11 December 2024 (in German only) - 1 BvR 1109/21, 1 BvR 1422/23
See also Press Release No. 17/2025 of 19 February 2025