Bundesverfassungsgericht

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Milestones in the Federal Constitutional Court's history

Year Selection

Ereignisse ab 1949

1949
24 May 1949The Basic Law enters into force
24 May 1949
17 April 1951The Federal Constitutional Court Act enters into force
17 April 1951
4 May 1951Karlsruhe becomes the seat of the Federal Constitutional Court
4 May 1951
7 September 1951Hermann Höpker-Aschoff becomes the first President of the Court
7 September 1951
9 September 1951The Court’s first decision
9 September 1951
28 September 1951Formal inauguration of the Court
28 September 1951
22 November 1951First advisory opinion
22 November 1951
27 June 1952Status Memorandum
27 June 1952
23 October 1952Prohibition of the Sozialistische Reichspartei
23 October 1952
1949

Ereignisse ab 1955

1955
17 August 1956Prohibition of the Kommunistische Partei Deutschlands
17 August 1956
16 January 1957Elfes judgment of the First Senate
16 January 1957
15 January 1958Lüth judgment of the First Senate
15 January 1958
29 July 1959Judgment of the First Senate on the father’s final say
29 July 1959
1955

Ereignisse ab 1960

1960
28 February 1961Television judgment of the Second Senate
28 February 1961
1960

Ereignisse ab 1965

1965
6 May 1969The Court moves to Karlsruhe’s Schlossbezirk
6 May 1969
1965

Ereignisse ab 1970

1970
1 January 1971Introducing a limit on the Justices’ term of office
1 January 1971
4 January 1971First dissenting opinion
4 January 1971
31 July 1973 Judgment of the Second Senate on the Basic Treaty
31 July 1973
1970

Ereignisse ab 1975

1975
25 February 1975Judgment of the First Senate on abortion
25 February 1975
197625th anniversary of the Federal Constitutional Court
1976
16 October 1977Judgment of the First Senate on the abduction of Hanns Martin Schleyer
16 October 1977
1975

Ereignisse ab 1980

1980
16 February 1983Judgment of the Second Senate on the dissolution of the Bundestag following a vote of confidence
16 February 1983
15 December 1983Census judgment of the First Senate
15 December 1983
1980

Ereignisse ab 1985

1985
14 May 1985 Brokdorf order of the First Senate
14 May 1985
1985

Ereignisse ab 1990

1990
23/24 April 1991Judgments of the First Senate on German reunification
23/24 April 1991
9 April 1992Judgment of the Second Senate on party financing
9 April 1992
12 October 1993Maastricht judgment of the Second Senate
12 October 1993
12 July 1994 Judgment of the Second Senate on out-of-area deployments of the Bundeswehr
12 July 1994
1990

Ereignisse ab 1995

1995
16 May 1995Crucifix order of the First Senate
16 May 1995
10 October 1995Order of the First Senate concerning the statement “Soldiers are murderers”
10 October 1995
1996Establishment of a press office
1996
24 October 1996Order of the Second Senate on killings at the former inner-German border
24 October 1996
1995

Ereignisse ab 2000

2000
7 July 200150th anniversary of the Federal Constitutional Court
7 July 2001
8 April 2002Judgment of the Second Senate on a committee of inquiry concerning donations to political parties
8 April 2002
17 July 2002Judgment of the First Senate on the Act on Registered Civil Partnerships
17 July 2002
18 March 2003Discontinuation of proceedings for the prohibition of the Nationaldemokratische Partei Deutschlands
18 March 2003
2000

Ereignisse ab 2005

2005
15 February 2006Judgment of the First Senate on the Aviation Security Act
15 February 2006
4 April 2006Profiling order of the First Senate
4 April 2006
7 May 2007Inauguration of the extension building
7 May 2007
30 June 2009Lisbon judgment of the Second Senate
30 June 2009
2005

Ereignisse ab 2010

2010
9 February 2010Judgment of the First Senate concerning benefits paid under the Second Book of the Code of Social Law (“Hartz IV”)
9 February 2010
4 May 2011Judgment of the Second Senate on preventive detention
4 May 2011
12 September 2012Judgment of the Second Senate on the European Stability Mechanism
12 September 2012
2010

Ereignisse ab 2015

2015
27 January 2015Headscarf order of the First Senate
27 January 2015
15 December 2015Identity Review order of the Second Senate
15 December 2015
21 June 2016 OMT judgment of the Second Senate
21 June 2016
10 October 2017Order of the First Senate on establishing a third gender category 
10 October 2017
12 June 2018Judgment of the Second Senate regarding the prohibition of strike action for civil servants  
12 June 2018
6 November 2019 Order of the First Senate “Right to be forgotten I”
6 November 2019
6 November 2019Order of the First Senate “Right to be forgotten II”
6 November 2019
2015

Ereignisse ab 2020

2020
26 February 2020 Judgment of the Second Senate concerning the criminalisation of assisted suicide services
26 February 2020
5 May 2020Judgment of the Second Senate on the Public Sector Purchase Programme
5 May 2020
1 December 2020Order of the Second Senate regarding European arrest warrants (Romania II)
1 December 2020
2020

Ereignisse ab 2021

2021
24 March 2021Order of the First Senate concerning the Federal Climate Change Act
24 March 2021
28 September 2021Celebrating 70 years of constitutional justice
28 September 2021
19 November 2021Order of the First Senate Federal pandemic emergency brake I
19 November 2021
19 November 2021Order of the First Senate Federal pandemic emergency brake II
19 November 2021
2021

Ereignisse ab 2022

2022
21 July 2022Order of the First Senate on the obligation to provide proof of measles vaccination
21 July 2022
6 December 2022Judgment of the Second Senate on the Act Ratifying the EU Own Resources Decision
6 December 2022
14 December 2022Judgment of the Second Senate on the parliamentary right of inquiry regarding staff posted abroad by the Federal Office for the Protection of the Constitution
14 December 2022
2022

Alle Ereignisse (geordnet nach Datum)

24 May 1949

The Basic Law enters into force

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.

4 May 1951

Karlsruhe becomes the seat of the Federal Constitutional Court

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 at the premises of the Federal Court of Justice for organisational preparations.

7 September 1951

Hermann Höpker-Aschoff becomes the first President of the Court

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.

9 September 1951

The Court’s first decision

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 temporarily suspends the planned referendum on the foundation of a “Southwest State”.

28 September 1951

Formal inauguration of the Court

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

22 November 1951

First advisory opinion

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.

27 June 1952

Status Memorandum

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

23 October 1952

Prohibition of the Sozialistische Reichspartei

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

17 August 1956

Prohibition of the Kommunistische Partei Deutschlands

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

16 January 1957

Elfes judgment of the First Senate

In its Elfes decision, the Federal Constitutional Court develops a comprehensive approach to the protection of freedom. From this point onwards, the “general freedom of action” protects all forms of human conduct and may only be restricted by state measures that are entirely compatible with the Constitution.

15 January 1958

Lüth judgment of the First Senate

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.

29 July 1959

Judgment of the First Senate on the father’s final say

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

28 February 1961

Television judgment of the Second Senate

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.

6 May 1969

The Court moves to Karlsruhe’s Schlossbezirk

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

1 January 1971

Introducing a limit on the Justices’ term of office

To strengthen the Justices’ independence, their term of office is limited to 12 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.

4 January 1971

First 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.

31 July 1973

Judgment of the Second Senate on the Basic Treaty

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.

25 February 1975

Judgment of the First Senate on abortion

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

1976

25th anniversary of the Federal Constitutional Court

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

16 October 1977

Judgment of the First Senate on the abduction of Hanns Martin Schleyer

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.

16 February 1983

Judgment of the Second Senate on the dissolution of the Bundestag following a vote of confidence

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.

15 December 1983

Census judgment of the First Senate

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

14 May 1985

Brokdorf order of the First Senate

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.

23/24 April 1991

Judgments of the First Senate on German reunification

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.

9 April 1992

Judgment of the Second Senate on party financing

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.

12 October 1993

Maastricht judgment of the Second Senate

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

12 July 1994

Judgment of the Second Senate on out-of-area deployments of the Bundeswehr

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

16 May 1995

Crucifix order of the First Senate

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

10 October 1995

Order of the First Senate concerning the statement “Soldiers are murderers”

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.

1996

Establishment of a press office

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

24 October 1996

Order of the Second Senate on killings at the former inner-German border

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.

7 July 2001

50th anniversary of the Federal Constitutional Court

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.

8 April 2002

Judgment of the Second Senate on a committee of inquiry concerning donations to political parties

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.

17 July 2002

Judgment of the First Senate on the Act on Registered Civil Partnerships

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.

18 March 2003

Discontinuation of proceedings for the prohibition of the Nationaldemokratische Partei Deutschlands

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.

15 February 2006

Judgment of the First Senate on the Aviation Security Act

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.

4 April 2006

Profiling order of the First Senate

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.

7 May 2007

Inauguration of the extension building

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

9 February 2010

Judgment of the First Senate concerning benefits paid under the Second Book of the Code of Social Law (“Hartz IV”)

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.

4 May 2011

Judgment of the Second Senate on preventive detention

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.

12 September 2012

Judgment of the Second Senate on the European Stability Mechanism

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.

27 January 2015

Headscarf order of the First Senate

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 a school.

15 December 2015

Identity Review order of the Second Senate

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.

21 June 2016

OMT judgment of the Second Senate

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.

10 October 2017

Order of the First Senate on establishing a third gender category 

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.

12 June 2018

Judgment of the Second Senate regarding the prohibition of strike action for civil servants  

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.

6 November 2019

Order of the First Senate “Right to be forgotten I”

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.

6 November 2019

Order of the First Senate “Right to be forgotten II”

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 contents.

26 February 2020

Judgment of the Second Senate concerning the criminalisation of assisted suicide services

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.

5 May 2020

Judgment of the Second Senate on the Public Sector Purchase Programme

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.

1 December 2020

Order of the Second Senate regarding European arrest warrants (Romania II)

Following the Right to be forgotten II Order of the First Senate, the Second Senate holds that EU fundamental rights are in principle the applicable standard for deciding legal issues that are fully determined by EU law. In allowing the surrender of the complainants to Romania for the purposes of criminal prosecution and sentence enforcement, the ordinary courts did not have sufficient regard to the duties to investigate detention conditions arising from Art. 4 of the Charter of Fundamental Rights of the European Union.

24 March 2021

Order of the First Senate concerning the Federal Climate Change Act

The First Senate holds 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 rules 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.

28 September 2021

Celebrating 70 years of constitutional justice

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.

19 November 2021

Order of the First Senate Federal pandemic emergency brake I

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.

19 November 2021

Order of the First Senate Federal pandemic emergency brake II

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.

21 July 2022

Order of the First Senate on the obligation to provide proof of measles vaccination

The First Senate rejects several constitutional complaints challenging provisions in the Protection Against Infection Act. The challenged provisions set out a mandate requiring that certain persons be vaccinated against measles and an obligation to provide proof of such vaccination; the law also specifies the consequences of non-compliance, such as the exclusion of children from certain childcare facilities or services. The legislator’s decision to accord precedence to the protection of vulnerable persons from measles over the interests of the complainants is not objectionable under constitutional law.

6 December 2022

Judgment of the Second Senate on the Act Ratifying the EU Own Resources Decision

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.

14 December 2022

Judgment of the Second Senate on the parliamentary right of inquiry regarding staff posted abroad by the Federal Office for the Protection of the Constitution

The Second Senate decides that the Federal Government’s refusal to disclose the number of staff posted abroad between 2015 and 2019 by the Federal Office for the Protection of the Constitution violated the parliamentary right of inquiry under Art. 38(1) second sentence of the Basic Law of the applicant, who is a member of the German Bundestag.