Oral hearing in the proceedings concerning the Bavarian Constitution Protection Act on Tuesday, 14 and Wednesday, 15 December 2021, 10:00 a.m. each day

Press Release No. 96/2021 of 16 November 2021

Reference: 1 BvR 1619/17

The First Senate of the Federal Constitutional Court will conduct an oral hearing on

Tuesday, 14 and Wednesday, 15 December 2021, starting at 10:00 a.m. each day,
in the courtroom of the Federal Constitutional Court,
Schlossbezirk 3, 76131 Karlsruhe

regarding a constitutional complaint directed against various provisions of the Bavarian Constitution Protection Act (Bayerisches Verfassungsschutzgesetz – BayVSG) of 12 July 2016 (Law and Ordinance Gazette, Gesetz- und Verordungsblatt – GVBl. p. 145; Collection of Bavarian Land Law, Bayerische Rechtssammlung – BayRS 12-1-I) and against Article 15(2) first sentence no. 2 of the Bavarian Data Protection Act (Bayerisches Datenschutzgesetz – BayDSG) of 15 May 2018 (GVBl. p. 230).

If the oral hearing cannot be held due to further developments in the pandemic situation, the Court will send out written questions.

1. The constitutional complaint is primarily directed against the Bavarian Constitution Protection Act, whose provisions on the activities of the Bavarian Land Office for the Protection of the Constitution (Bayerisches Landesamt für Verfassungsschutz) were comprehensively amended when a new version of the Act was introduced in 2016. The Act authorises the Land Office to carry out covert measures such as acoustic and visual surveillance of private homes (Art. 9 BayVSG), remote searches of IT systems (Art. 10 BayVSG), and long-term observation (Art. 19a BayVSG). It also contains a framework on the processing of the collected data, which includes provisions regarding the transfer of the data to other public and non-public bodies within Germany and abroad (see in particular Art. 25 BayVSG). The complainants furthermore challenge Art. 15(2) first sentence no. 2 BayDSG, which concerns oversight by the Bavarian Data Protection Commissioner.

2. The complainants challenge the following provisions:

from the Bavarian Constitution Protection Act:

Article 8a(1) first sentence no. 1, second to fifth sentence,
Article 8b(2) first sentence nos. 2 and 3, Article 8b(3),
Article 9,
Article 10(1),
Article 11(2) third sentence,
Article 12(1),
Article 13,
Article 15(2) and (3),
Article 16(1),
Article 17(2) first sentence,
Article 18(1),
Article 19(1),
Article 19a(1), (3) first and fourth sentence,
Article 20(1),
Article 23(1) first and third sentence nos. 1 and 2,
Article 25(1), (1a), (2) first sentence nos. 2 and 3, Article 25(2) second sentence, Article 25(3) first sentence nos. 2 and 3

from the Bavarian Data Protection Act:

Article 15(2) first sentence no. 2

3. The outline of the oral hearing can be accessed here.

Information for the general public

Persons wishing to attend the oral hearing or the pronouncement of the judgment must register at the following address:
Mr Stadtler
Postfach 1771, 76006 Karlsruhe, Germany
Phone: +49 721 9101 400
Fax: +49 721 9101 461
Email: besucherdienst@bundesverfassungsgericht.de

When registering, please provide your name, first name, date of birth and contact data (a phone or fax number or an email address). Please refer to the Federal Constitutional Court’s data protection statement for information on the protection of personal data (Arts. 13 and 14 GDPR) in the context of visitor registration. The data protection statement is available on the Federal Constitutional Court’s website under the heading “Data protection statement”. You may also request a paper copy of the data protection statement.

Seats will be allocated in the order in which registrations are received.

Hygiene and physical distancing rules

The Order of the President of 14 July 2021 regarding entry to the court building for persons visiting the Court and the safety measures imposed by this Order apply.

Moreover, all persons wishing to enter the court building must present a negative COVID PCR test result or proof of vaccination/recovery. A PCR test is defined as a test based on laboratory diagnostics comprising a nucleic acid test (PCR, PoC-PCR or other nucleic acid amplification test methods) for SARS-CoV-2 (COVID-19); the test (PCR) must have been taken no more than 48 hours previously. Proof of vaccination can be presented by an asymptomatic person who has a vaccination certificate issued to them within the meaning of § 2 no. 3 of the COVID-19 Protective Measures – Regulation of Exceptions (COVID-19-Schutzmaßnahmen-Ausnahmenverordnung – SchAusnahmV) of 8 May 2021. Proof of recovery can be presented by an asymptomatic person who has a recovery certificate issued to them within the meaning of § 2 no. 5 SchAusnahmV. Proof of a negative test is defined as a certificate within the meaning of § 2 no. 7 SchAusnahmV.

Everyone visiting the court is required to wear a medical face mask while they are in the court building. Visitors may take off their masks once they have taken their seats. The categories laid down in § 3(2) no. 4 of the Baden-Württemberg COVID-19 Ordinance in the version of 28 October 2021 are exempt from this requirement. The safety measures to be observed for the hearing are determined by the order of the presiding Justice issued in exercise of their powers to maintain order in court.

Accreditation requirements for journalists

Accreditation

The accreditation process opens upon publication of this press release and closes at 12:00 noon on Thursday, 9 December 2021. After this deadline, accreditation is no longer possible.

Please use the form provided for accreditation requests. The form must be filled in completely and signed. If applicable, a copy of the valid press card must be enclosed; this is only necessary for the first accreditation during the card’s term of validity. The accreditation request may be sent by email to presse@bundesverfassungsgericht.de. Accreditation requests sent to any other email addresses or fax numbers of the Court will not be considered.

Members of the Justizpressekonferenz Karlsruhe e.V. may send their accreditation requests to the Federal Constitutional Court’s press office without having to use the form.

Accreditation requests will be considered in the order in which they are received. If requests are received simultaneously, accreditation is awarded by drawing lots. A few days after the expiry of the deadline, the Federal Constitutional Court will notify the applicants by email whether their accreditation was successful.

Please refer to the Federal Constitutional Court’s data protection statement for information on the protection of personal data (Arts. 13 and 14 GDPR) in the context of the accreditation procedure. The data protection statement is available on the Federal Constitutional Court’s website under the heading “Data protection statement”. You may also request a paper copy of the data protection statement. 

Availability and allocation of seats

Due to current measures to curb the spread of COVID-19, only a total of 29 seats are available for media representatives in the press galleries inside and outside the courtroom. There are no seat reservations: each seat is allocated to whoever takes their place first. If media representatives are unable to find a seat in the press gallery, they may follow the oral hearing/the pronouncement of the judgment from the press room or – if seats are still available – from the courtroom itself.

The press room provides an audio transmission from the courtroom. It contains 18 workstations on desks; a limited number of power outlets for laptops is provided. The Court cannot guarantee the availability of a mobile phone signal and data networks.

Additional rules in the courtroom

Making phone calls, tweeting or sending other messages, accessing digital data and any other use of the Internet within or from the courtroom is not permitted. Allelectronic devices that can be used for these purposes – in particular mobile phones, laptop computers and tablet computers – may not be used in the courtroom. Media representatives may obtain permission to use computers in offline mode in the press gallery if it is ensured that the devices are not used for audio or image recording or for data transmission.

Taking photos and filming; pooling

1. Taking photos and recording audio or video is permitted until the presiding Justice has established the presence of the parties to the proceedings. Afterwards, photographers and camera teams must leave the courtroom level (including the foyer outside the courtroom and the press gallery). They may wait in the reception room on the first floor. Pronouncements of judgments may be recorded in their entirety.

2. Media pools will be set up for taking photos and filming in the courtroom. Two television teams (a public and a private television station with a maximum of three cameras each) and six photographers (four agency photographers and two freelance photographers) will be admitted to the building. The pool representatives are required to supply their photos and video recordings to other radio and television stations and to photo agencies upon request.

Willingness to be a pool representative must be explicitly stated in the accreditation request. Pool representatives are appointed according to the order in which the accreditation requests are received. If requests are received simultaneously, lots are drawn. The television stations, agencies and photographers that serve as pool representatives are free in determining the members of their teams.

3. When taking photographs and filming in the courtroom, it must be ensured that the Justices have an unobstructed view in all directions. Entering the area behind the Justices’ bench is not permitted. Instructions to this effect by court staff must be complied with. Taking photos and filming is only permitted with low-noise devices and without a flash.

4. After the end of the oral hearing or the pronouncement of the judgment and during the lunch break, the parties to the proceedings or other individuals may only be interviewed, filmed or photographed in the reception room on the first floor and in the foyer on the ground floor.

Vehicles of technicians, radio and television crews

Only a limited number of parking spaces is available for SNG vehicles, editing vehicles and OB vans. If accredited journalists require parking space, this must be indicated along with the accreditation request on the form provided. Parking spaces are allocated in the order in which requests are received. The following information is required for the allocation of parking space: number plate, vehicle type, make, dimensions (length x width x height in metres), weight and, if applicable, whether access to a power outlet is needed.

The names, dates of birth, and ID card numbers of the technicians, as well as the vehicle data, may be submitted after the accreditation request. The form provided must be used. This also applies to media organisations represented by members of the Justizpressekonferenz. The form must be sent by email to presse@bundesverfassungsgericht.de no later than 12:00 noon on Monday, 13 December 2021.

Media representatives with allocated parking space may set up their equipment on the day before the oral hearing between 9:00 a.m. and 6:00 p.m., and on the day of the oral hearing or the pronouncement of the judgment between 7:00 a.m. and 9:00 a.m.

Setting up studios

The press office must be consulted in advance if media representatives wish to set up a studio. The only spaces available for this purpose are the press reception room on the first floor and the foyer on the ground floor.

This information is based on § 17a of the Federal Constitutional Court Act in conjunction with the supplementary provisions laid down by the Federal Constitutional Court.