Volume 9

Table of contents volume 9
ReferenceDecisionFile referenceDecision title
BVerfGE 9, 1-3Order of 2 December 19581 BvR 665/58On whether a final examination on the merits is required in case of constitutional complaints to be dismissed under § 91a of the the Federal Constitutional Court Act
BVerfGE 9, 3-20Order of 3 December 19581 BvR 488/57On the violation of the freedom of action by a formally invalid law (Art. 2(1) of the Basic Law; here: tax assessment based on such a law). Validity of § 21(2) of the Income Tax Act; the use value of an apartment in one’s own detached house; limited tax deductibility of mortgage interest (Art. 3(1) of the Basic Law). Issuing a decision before all other legal remedies have been exhausted (§ 90(2) second sentence of the Federal Constitutional Court Act) in view of the established case-law of the highest courts
BVerfGE 9, 20-36Order of 16 December 19581 BvL 3/57, 1 BvL 4/57, 1 BvL 8/58On whether a person’s income and assets may be taken into account when assessing their partner’s right to be granted unemployment benefits in cases in which the couple is not married but shares a home (Art. 3(1) of the Basic Law)
BVerfGE 9, 36-39Order of 16 December 19581 BvR 449/55On the appointment of a different public defender than the one requested by the defendant
BVerfGE 9, 39-63Order of 17 December 19581 BvR 10/57Commencing a further business activity (trade) may constitute a choice of occupation within the meaning of Art. 12(1) of the Basic Law. Statutory provision imposing a minimum milk quantity for milk trade is void (§ 14(5) no. 6 of the Milk Act)
BVerfGE 9, 63-73Order of 17 December 19581 BvR 615/52On occupational freedom (Art. 12 of the Basic Law) during the transition away from a controlled economy (here: quotas for grain mills)
BVerfGE 9, 73-82Order of 7 January 19591 BvR 100/57Revocation of waiving an oral hearing (§ 25(1) of the Federal Constitutional Court Act). Occupational rules may also be imposed by an ordinance that predates the Basic Law. ‘Pharmacists monopoly’ and chemists
BVerfGE 9, 83-89Order of 8 January 19591 BvR 425/52On whether the Pharmaceuticals Production Ordinance of 11 February 1943 is void along with a criminal judgment resting thereon (Art. 12 of the Basic Law)
BVerfGE 9, 89-109Order of 8 January 19591 BvR 396/55Hearing following a remand detention order (Art. 103(1) of the Basic Law, § 308(1) of the Code of Criminal Procedure). Duty to inform the defendant of their right – based on the right to be heard – to remonstrate against an arrest warrant (§ 115 of the Code of Criminal Procedure). On whether a constitutional complaint against an arrest warrant is procedurally superseded by a subsequent conviction by final judgment. Preliminary measures (inter alia § 32 of the Federal Constitutional Court Act)
BVerfGE 9, 109-119Order of 8 January 19591 BvR 296/57On whether the time period for lodging a constitutional complaint is suspended if the lawyers in a court district make a general request for the lawyer involved to be issued a copy of the complete decision (§ 93(1) third sentence of the Federal Constitutional Court Act)
BVerfGE 9, 120-123Order of 21 January 19591 BvR 800/58On whether well-founded constitutional complaints may be dismissed under § 91a of the Federal Constitutional Court Act
BVerfGE 9, 123-124Order of 21 January 19591 BvR 644/58Violation of Art. 103(1) of the Basic Law (§ 308(1) of the Code of Criminal Procedure)
BVerfGE 9, 124-137Order of 22 January 19591 BvR 154/55On whether parties in social court proceedings must be assigned counsel; social obligations of the state (Art. 20(1) of the Basic Law). The term ‘origin’ in Art. 3(3) of the Basic Law
BVerfGE 9, 137-152Order of 3 February 1959     2 BvL 10/56On the constitutionality of granting administrative authorities discretion to impose a no-show fee in case an import licence has been requested and granted but no goods have been imported
BVerfGE 9, 153-160Order of 3 February 1959     2 BvO 2/56§ 3(2) of Act no. 527 of the Land Württemberg-Baden of 18 August 1948 on Sports Betting continues to apply as federal law to the extent that it refers to value added tax (Arts.125 and 31 of the Basic Law). ‘Dispute’ in the initial proceedings (§ 86(2) of the Federal Constitutional Court Act)
BVerfGE 9, 160-162Order of 3 February 1959     1 BvR 236/54On whether a criminal conviction procedurally and substantively supersedes an arrest warrant. A constitutional complaint against the arrest warrant may not be reinterpreted as challenging the criminal conviction
BVerfGE 9, 162-166Order of 3 February 1959     1 BvR 419/54On whether a declaration of a political party’s unconstitutionality is a prerequisite for high treason proceedings against party officials
BVerfGE 9, 167-174Order of 4 February 1959     1 BvR 197/53On the constitutionality of § 23 of the Economic Crime Act of 26 July 1949. Presumption requirements, administrative offences and the principle of culpability
BVerfGE 9, 174-185Order of 4 February 1959     1 BvR 193/57On whether a constitutional complaint against an order – issued under § 29 of the German Extradition Act and containing a separate decision on the merits – also challenges the original decision on the permissibility of the extradition due to the close connection between the two decisions. ‘Victims of political persecution’ (right to asylum; Art.16(2) second sentence of the Basic Law)
BVerfGE 9, 185-194Order of 18 February 1959    2 BvL 6/57‘Appeal proceedings pursuant to §§ 20 and 21 of the Trade Regulation Code’ in Art.II of the Act Amending Titles I-IV, VII and X of the Trade Regulation Code of 29 September 1953 includes all formal administrative proceedings provided for in federal law to which the principles of the appeal proceedings as laid down in §§ 20 and 21 of the Trade Regulation Code apply. This provision therefore authorises the Länder to enact rules that deviate from the appeal proceedings under § 4 in conjunction with § 3 of the Act on the Trade in Base Metals
BVerfGE 9, 194-200Order of 17 March 19591 BvL 5/57§ 18(3) of the Act of the Land Rhineland Palatinate on Administrative Court Jurisdiction is compatible with Art. 19(4) of the Basic Law, given that it does not exclude the possibility of challenging a decision by a higher administrative authority before the administrative courts
BVerfGE 9, 201-212Order of 17 March 19591 BvL 44/56, 1 BvL 39/56On the interpretation of the general guarantee of the right to equality (Art. 3(1) of the Basic Law). Differences in benefits afforded to children born to wives of soldiers who were already missing at the beginning of the conception period (§ 52(2) of the Federal War Victims’ Pension Act) and children born out of wedlock (§ 1593 of the Civil Code)
BVerfGE 9, 213-223Order of 17 March 19591 BvR 53/56On the constitutionality of § 5(2)(e) of the Police Ordinance of 29 September 1941 on the Advertising of Medical Products
BVerfGE 9, 223-231Judgment of 19 March 1959 1 BvR 295/58If the public prosecutor’s office confirms the ‘particular significance’ of a case within the meaning of § 24(1) no. 2 of the Courts Constitution Act, it must press charges before the Regional Court (Art.101(1) second sentence of the Basic Law)
BVerfGE 9, 231-237Order of 3 April 1959 1 BvR 346/56Right to be heard (Art.103(1) of the Basic Law) not violated by an omission to hold a statutorily required oral hearing (here: correcting and supplementing a judgment in disciplinary proceedings; analogous application of §§ 320, 321 of the Code of Civil Procedure)
BVerfGE 9, 237-250Order of 14 April 1959 1 BvL 23/57, 1 BvL 34/57Income Tax Act in the version of 13 November 1957. The principle according to which spouses file separate tax returns is compatible with the Basic Law. General guarantee of the right to equality and its specifications
BVerfGE 9, 250-255Order of 14 April 1959 1 BvL 19/58, 1 BvL 21/58Referrals from a court pursuant to Art. 100(1) of the Basic Law: The referred question must be relevant to the initial proceedings (here: § 26c of the Income Tax Act 1957)
BVerfGE 9, 256-260Order of 14 April 1959 1 BvR 12/58, 1 BvR 291/58On the constitutionality of examining the prospects of success when deciding on children’s application for legal aid in proceedings brought against them and contesting their status as legitimate children (Art. 103(1) of the Basic Law; § 618(2) in conjunction with § 640(1), §§ 357, 397 of the Code of Civil Procedure)
BVerfGE 9, 261-267Order of 14 April 1959 1 BvR 109/58Right to be heard in criminal proceedings (Art. 103(1) of the Basic Law; § 308(1) of the Code of Criminal Procedure). On whether the reversal of a decision should be extended to subsequent decisions that rest on the reversed decision
BVerfGE 9, 268-291Judgment of 27 April 19592 BvF 2/58Decisions on staff matters regarding civil servants fall under the purview of the executive (Arts. 28(1), 33(5) of the Basic Law). §§ 59 to 61 of the Bremen Staff Representation Act of 3 December 1957 are partially void
BVerfGE 9, 291-302Order of 20 May 19591 BvL 1/58, 1 BvL 7/58§ 38(2) first sentence of the Firefighters Act of the Land Baden-Württemberg of 6 February 1956. Levy due from men not serving in a volunteer fire department violates the right to equality. On declaring an act void and on the legislator’s leeway to design. Right to equality and legislative purpose
BVerfGE 9, 303-305Order of 3 June 19591 BvR 150/59Violation of the right to be heard (Art. 103(1) of the Basic Law) in criminal proceedings if the challenged order rests on a non-communicated expert opinion
BVerfGE 9, 305-334Order of 16 June 19592 BvF 5/56Art. 120 of the Basic Law prohibits the enactment of federal laws that impose war-induced burdens on the Länder (Act on Settlement of Compensation Claims of 14 June 1956)
BVerfGE 9, 334-338Order of 16 June 19592 BvL 10/59Decisions in judicial review proceedings under Art. 100(1) of the Basic Law when the referral to the Federal Constitutional Court is manifestly unfounded
BVerfGE 9, 338-354Order of 16 June 19591 BvR 71/57Age limit for midwives (Arts. 2(1), 3(1) and 12 of the Basic Law; § 5 of the Midwifes Act of 21 December 1938). On whether a law extends to similar legal relationships (omission of the legislator; Art. 3(1) of the Basic Law). Subsidiarity of Art.2(1) of the Basic Law. Possibility to choose whether to challenge the law or the specifying (and repeating) order (§ 93(2) of the Federal Constitutional Court Act)

Volume 8

Table of contents Volume 8
ReferenceDecisionFile referenceDecision title
BVerfGE 8, 1-28Order of 11 June 19581 BvR 1/52, 1 BvR 46/52Omission by the legislator. Traditional principle (Art. 33(5) of the Basic Law). Civil servant remuneration: right to an appropriate level of income. On whether an individual right that arises from Art. 33(5) of the Basic Law and is similar to a fundamental right may be asserted under § 90(1) of the Federal Constitutional Court Act. The Federal Constitutional Court is limited to a declaratory decision
BVerfGE 8, 28-38Order of 11 June 19581 BvL 149/52With unambiguous legislation, an interpretation that is ‘in conformity with the Constitution’ may not contradict the spirit of the legislation. Referrals (Art. 100(1) of the Basic Law) submitted in preparation of a constitutionally untenable decision are inadmissible. On the operative part of the decision in cases where legislation governing civil service remuneration violates Art. 3(1) of the Basic Law by failing to consider specific groups of civil servants. The Federal Constitutional Court may declare the act void or unconstitutional but may not extend the benefits to the excluded group of civil servants
BVerfGE 8, 38-42Order of 13 June 19581 BvR 346/57On whether deciding on a constitutional complaint prior to the exhaustion of other legal remedies (§ 90(2) second sentence of the Federal Constitutional Court Act) is only possible if doing so is evidently required. Interpreting legislation in conformity with the Constitution (§ 171 of the Federal Compensation Act)
BVerfGE 8, 42-47Order of 23 June 19582 BvQ 3/58Preliminary injunction: Nuclear weapons referenda in municipalities in Hesse suspended due to violation of the principle of loyalty within the federal order (Bundestreue)
BVerfGE 8, 47-51Order of 23 June 19582 BvF 1/57Dismissal of an application to reopen the oral hearing
BVerfGE 8, 51-71Order of 24 June 19582 BvF 1/57On the financing of political parties. The substantive content of a law is decisive for establishing a violation of the principle of equality. Equal opportunities in political competition. System in which the citizenry’s influence on the formation of the political will is subjected to differential tax treatment based on income violates the principle of equality
BVerfGE 8, 71-81Order of 10 July 19581 BvF 1/58Ordinances may not leave the extent of restrictions imposed on fundamental rights to administrative discretion. Public law restrictions regarding the professional usage of real estate (winemaking) qualify as occupational rules
BVerfGE 8, 81-88Order of 10 July 19581 BvR 532/56Lifting of an arrest warrant pending extradition (Arts. 2(1) second sentence, 104(1) first sentence, 16(2) first sentence of the Basic Law). Statutory presumption under Art. 116(2) second sentence of the Basic Law (§§ 17 no. 2 and 25(1) of the Nationality Act)
BVerfGE 8, 89-91Order of 22 July 19581 BvR 113/57Violation of Art. 103(1) of the Basic Law: On a court’s obligation to wait a reasonable amount of time before dismissing a complaint if the complainants have announced their intention to provide further justification
BVerfGE 8, 92-95Order of 22 July 19581 BvR 49/58Failure to meet time limit to lodge constitutional complaint. Lack of permission to act as an adviser to the party (§ 22(1) of the Federal Constitutional Court Act)
BVerfGE 8, 95-98Order of 23 July 19581 BvL 1/52Freedom of movement: On the constitutionality of § 8(1) of the North Rhine-Westphalia Housing Act of 23 January 1950
BVerfGE 8, 99-102Order of 23 July 19581 BvL 112/53Inadmissible referral (Art. 100(1) of the Basic Law) concerning § 27 of the Schleswig-Holstein Act on the Integration of Displaced People of 30 January 1952. On whether the question of constitutionality is ‘superfluous’ if the referring court considers the challenged provision to be incompatible with the law of occupation
BVerfGE 8, 102-103Order of 23 July 19581 BvR 633/57Preliminary injunction: Prohibition on the initiation of enforcement proceedings – §§ 2, 8 Act on Legal and Administrative Cooperation within Germany in Criminal Matters
BVerfGE 8, 104-122Order of 30 July 19582 BvF 3/58, 2 BvF 6/58On whether the Hamburg and Bremen Acts concerning nuclear weapons referenda of 9 May 1958 and 20 May 1958 respectively are void. Abstract judicial review proceedings extend to examining a Land’s legislative competence
BVerfGE 8, 122-141Judgment of 30 July 19582 BvG 1/58The Land Hesse violated the principle of ‘federalism-friendly conduct’: Omission by the Land government to lift the orders issued by the municipalities on holding nuclear weapons referenda
BVerfGE 8, 141-143Order of 18 April 19581 BvR 238/58On whether a constitutional complaint may be substantiated by referring to minimum formal requirements regarding a different constitutional complaint (§ 92 of the Federal Constitutional Court Act)
BVerfGE 8, 143-155Order of 29 April 19582 BvO 3/56Law relating to economic matters (Art. 74 no. 11 of the Basic Law). Provisions that serve to maintain law and order in a certain field are to be classified as belonging to the field with which they are necessarily connected
BVerfGE 8, 155-173Order of 6 May 19582 BvL 37/56, 2 BvL 11/57On whether there are provisions under federal constitutional law that govern the competences and proceedings in the area of benefit-granting administrative acts (§ 346 of the Act on the Equalisation of Burdens). On statutory provisions standing back in favour of general administrative provisions
BVerfGE 8, 174-183Order of 10 June 19582 BvF 1/56On cases in which the Federal Administrative Court has original and exclusive jurisdiction (§ 9(1) of the Federal Administrative Court Act)
BVerfGE 8, 183-184Order of 22 September 19581 BvF 3/52Discontinuation of abstract judicial review proceedings following the withdrawal of the application
BVerfGE 8, 184-186Order of 22 September 19581 BvR 268/58On the interpretation of Art. 103(1) of the Basic Law (private prosecution proceedings)
BVerfGE 8, 186-195Order of 14 October 19582 BvO 2/57On whether a referral from a court must also include the question of whether the challenged provision hypothetically qualifies as federal or Land law (Art. 125 of the Basic Law; § 86(2) of the Federal Constitutional Court Act). Continued application of § 24 of the Reich Nature Conservation Act as federal law
BVerfGE 8, 195-196Order of 14 October 19581 BvR 289/56Reimbursement of costs only on particular equity grounds (§ 34(3) of the Federal Constitutional Court Act)
BVerfGE 8, 197-208Order of 14 October 19581 BvR 510/52On whether administrative fine proceedings under the Economic Crime Act of 26 July 1949 are compatible with Art.92 of the Basic Law
BVerfGE 8, 208-209Order of 17 October 19581 BvR 388/58On the interpretation of Art. 103(1) of the Basic Law (private prosecution proceedings)
BVerfGE 8, 210-221Order of 23 October 19581 BvL 45/56On the constitutionality of § 644 of the Code of Civil Procedure. The Code of Civil Procedure as amended by the Act on Restoring Legal Unity of 12 September 1950 does not amount to pre-constitutional law. The legislator violates the Basic Law if it fails to exercise its constitutional mandate under Art. 6(5) of the Basic Law within a reasonable time
BVerfGE 8, 222-228Order of 23 October 19581 BvR 458/58If just one of the requirements under § 90(2) second sentence of the Federal Constitutional Court Act is met, the Federal Constitutional Court is not obliged to decide a case prior to the exhaustion of all other available remedies. A constitutional complaint cannot admissibly challenge a judicial decision if the allegedly unconstitutional views in that decision are only contained in the reasons
BVerfGE 8, 229-239Order of 28 October 19582 BvL 2/57§§ 985 ff. of the Civil Code are not applicable in cases where the public law provision under § 3 of the Act of the Land Bavaria of 28 January 1950 on the Clarification of the Assignment of Motor Vehicles applies
BVerfGE 8, 240-248Order of 28 October 19582 BvL 3/57On whether Art. 14(3) fourth sentence of the Basic Law prevents the legislator from requiring that recourse to the ordinary courts be preceded by non-binding administrative proceedings
BVerfGE 8, 248-253Order of 28 October 19582 BvL 4/57Referral under Art. 100(1) of the Basic Law from a single Regional Court judge (§ 349 Code of Civil Procedure)
BVerfGE 8, 253-256Order of 28 October 19581 BvR 5/58On the interpretation of Art. 103(1) of the Basic Law (reinstatement into one’s former procedural position)
BVerfGE 8, 256-260Order of 28 October 19582 BvR 5/56On the requirement that a subject matter be suitable to clarify a question of constitutional law (§ 91a(2) first sentence of the Federal Constitutional Court Act)
BVerfGE 8, 260-274Order of 29 October 19582 BvL 19/56On whether customs law exclusively falls within the competence of the Federation; Art. 73 no. 5, Art. 105(1) of the Basic Law (Helgoland Act)
BVerfGE 8, 274-332Order of 12 November 19582 BvL 4/56, 2 BvL 26/56, 2 BvL 40/56 inter alia§ 2 of the Pricing Act. Prolonging the period of validity of a temporary law. Act of approval (Art. 84(1) of the Basic Law). Partially void provision. Interpretation of Art. 80(1) second sentence of the Basic Law. Statutory instruments requiring the Bundestag’s approval. Authorising the executive to issue onerous administrative acts
BVerfGE 8, 332-364Order of 2 December 19581 BvL 27/55On whether applying new suspension regulations to civil servants who are already in office is compatible with Art. 33(5) of the Basic Law

Volume 7

Table of contents Volume 7
ReferenceDecisionFile referenceDecision title
BVerfGE 7, 1-17Order of 21 May 19572 BvL 6/56On the extent to which the Basic Law applies in and for the Land Berlin. On whether the Federal Constitutional Court is currently authorised to review the constitutionality of laws of the Land Berlin
BVerfGE 7, 17-18Order of 28 May 19571 BvR 199/57A Senate of the Federal Constitutional Court may not review a decision by the other Senate
BVerfGE 7, 18-29Order of 28 May 19572 BvO 5/56Disagreements on whether law continues to apply as federal law. Amendments to Reich legislation within the meaning of Art. 125 no. 2 of the Basic Law. Bavarian Doctors Act of 25 May 1946
BVerfGE 7, 29-45Order of 4 June 19572 BvL 17/56On whether the provisions under the Bavarian Press Act of 3 October 1949 are compatible with federal law. On whether provisions on the limitation period for press offences fall under the ‘general relationships of the press’ within the meaning of Art. 75 no. 2 of the Basic Law
BVerfGE 7, 45-53Order of 18 June 19571 BvL 12/55On whether the Federal Constitutional Court reviews a provision on the basis of the provision’s incorrect interpretation by the referring court
BVerfGE 7, 53-59Order of 18 June 19571 BvR 41/57On the right to be heard within the meaning of Art. 103(1) of the Basic Law: proceedings to contest status as a legitimate child
BVerfGE 7, 59-61Order of 26 June 19572 BvO 1/56Act of the Land Baden of 27 May 1949 on the Professional Associations of Physicians, Dentists and Pharmacists. Disagreements on whether the act continues to apply as federal law
BVerfGE 7, 61-63Order of 2 July 19571 BvR 35/57On ‘public authority’ within the meaning of § 90(1) of the Federal Constitutional Court Act. Constitutional complaint lodged by the Saarland Communist Party Association against a letter from the Federal Minister of the Interior sent to the Saarland Minister of the Interior concerning measures for enforcing the Federal Constitutional Court judgment of 17 August 1956
BVerfGE 7, 63-75Order of 3 July 19572 BvR 9/56Constitutional complaint against the Federal Elections Act of 7 May 1956. Fixed party-lists. On the principle of direct elections
BVerfGE 7, 75-77Order of 3 July 19571 BvR 270/53Reimbursement of expenses pursuant to § 34(3) of the Federal Constitutional Court Act
BVerfGE 7, 77-86Order of 9 July 19572 BvL 30/56Municipal and District Elections Act of the Land Schleswig-Holstein Act of 29 January 1955. On whether it is compatible with the Basic Law to alter the order of replacements for an elected candidate in case the latter withdraws. On the principle of direct elections
BVerfGE 7, 86-87Order of 23 July 19571 BvR 193/57Preliminary injunction suspending the execution of an arrest warrant pending extradition
BVerfGE 7, 87-89Order of 23 July 19571 BvL 126/52The Federal Constitutional Court is not responsible for determining the amount in dispute in judicial review proceedings under Art. 100(1) of the Basic Law
BVerfGE 7, 89-95Order of 24 July 19571 BvL 23/52Hamburg Dog Tax Act of 9 November 1950. Retroactive effects of laws. Rule of law principle
BVerfGE 7, 95-99Order of 24 July 19571 BvR 535/53Right to be heard (Art. 103(1) of the Basic Law) in civil proceedings
BVerfGE 7, 99-109Order of 3 September 19572 BvR 7/57Constitutional complaint lodged by a political party against a public broadcasting corporation’s refusal to grant broadcasting time for election campaigning. Equal opportunities of political parties
BVerfGE 7, 109-111Order of 1 October 19571 BvR 92/57Right to be heard (Art. 103(1) of the Basic Law)
BVerfGE 7, 111-120Order of 3 October 19571 BvR 194/52Constitutional complaint challenging a court decision: On whether a criminal conviction that rests on invalid legal provisions violates the fundamental right under Art. 2(1) of the Basic Law
BVerfGE 7, 120-128Order of 3 October 19572 BvL 7/56Act on Staff Representation in Public Administrations and Companies in the Land Schleswig-Holstein of 9 February 1954.  On whether the Federation’s competence to regulate staff representation matters in public service at the Land level is limited to issuing framework provisions
BVerfGE 7, 129-155Order of 16 October 19571 BvL 13/56, 1 BvL 46/56Supplementary Act (5 August 1955) to the Act Amending and Supplementing Disciplinary Law. On whether rights under the Article 131 Act may be revoked retroactively
BVerfGE 7, 155-171Order of 17 October 19571 BvL 1/57Municipal Code of the Land Schleswig-Holstein of 24 January 1950. Full time mayor voted out ahead of schedule. On whether temporary civil servants are subject to certain traditional principles of the professional civil service within the meaning of Art. 33(5) of the Basic Law
BVerfGE 7, 171-175Order of 6 November 19572 BvL 12/56, 2 BvL 13/56, 2 BvL 14/56, 2 BvL 15/56On the requirements that a referral under Art. 100(1) of the Basic Law and § 80 of the Federal Constitutional Court Act must satisfy. On whether the validity of the challenged provision is relevant to the decision
BVerfGE 7, 175-183Order of 13 November 19571 BvR 78/56On the requirements for issuing a preliminary injunction pursuant to § 32(2) of the Federal Constitutional Court Act
BVerfGE 7, 183-190Order of 28 November 19572 BvL 11/56On a statutory provision that empowers administrative authorities to request that a court conduct a witness examination under oath in pending administrative proceedings. Principle of the separation of powers
BVerfGE 7, 190-192Order of 4 December 19572 BvK 1/55On whether constitutional disputes in Berlin currently fall within the jurisdiction of the Federal Constitutional Court
BVerfGE 7, 192-194Order of 12 December 19571 BvR 207/56On whether deciding on constitutional complaints against acts of public authority in the Land Berlin currently falls within the jurisdiction of the Federal Constitutional Court
BVerfGE 7, 194-198Order of 12 December 19571 BvR 678/57Constitutional complaint against § 26(5) of the Income Tax Act in the version of 13 November 1957. On how non-appealable sovereign acts are affected if the provision on which they rest is declared void
BVerfGE 7, 198-230Judgment of 15 January 19581 BvR 400/51Lüth judgment: Constitutional complaint asserting that a decision in civil proceedings violates Art. 5(1) first sentence of the Basic Law. Calls for boycott. The fundamental rights enshrined in the Basic Law form an objective system of values which applies to all areas of law. Civil law provisions as ‘general laws’ within the meaning of Art. 5(2) of the Basic Law
BVerfGE 7, 230-238Judgment of 15 January 19581 BvR 184/54Constitutional complaint asserting that a decision in civil proceedings violates Art. 2(1), Art. 5(1) and Art. 13(1) of the Basic Law. On the fundamental freedom of expression and the fundamental right to the inviolability of the home. On the defensive right of property owners against disturbances under § 1004 of the Civil Code
BVerfGE 7, 239-241Order of 23 January 19581 BvR 271/57On the interpretation of Art. 103(1) of the Basic Law
BVerfGE 7, 241-244Order of 23 January 19581 BvR 30/58On whether orders issued by committees formed pursuant to § 91a of the Federal Constitutional Court Act may be challenged by way of constitutional complaint
BVerfGE 7, 244-265Order of 4 February 19582 BvL 31/56, 2 BvL 33/56Act of the Land Baden of 19 October 1949 on the Allocation of Financial Means for Vine Pest Control. On general taxes and local taxes. If the federal legislator imposes a tax on a product, this qualifies as an exhaustive legislative act within the meaning of Art. 72(1) of the Basic Law
BVerfGE 7, 265-266Order of 11 February 19582 BvO 1/57On the requirements of Art. 126 of the Basic Law, § 86(2) of the Federal Constitutional Court Act
BVerfGE 7, 267-275Order of 11 February 19582 BvL 21/56On the interpretation of Art. 80(1) second sentence of the Basic Law. § 18(1) no. 2 of the VAT Act in the version of the Act of 28 June 1951 Amending the VAT Act and the Transport Tax Act
BVerfGE 7, 275-282Order of 13 February 19581 BvR 56/57On the interpretation of Art. 103(1) of the Basic Law. On whether the submissions by the public prosecutor’s office in response to a defendant’s appeal on points of law must be provided to the defendant
BVerfGE 7, 282-305Order of 5 March 19582 BvL 18/56On the interpretation of Art. 80(1) second sentence of the Basic Law; §§ 8, 18(1) no. 1 of the VAT Act in the version published on 1 September 1951. On the rule of law principle
BVerfGE 7, 305-319Order of 5 March 19582 BvF 4/56§ 14(2), § 17 of the Article 131 Act of 11 May 1951. On whether it is compatible with the Basic Law to require public employers – with the exception of the Federation – to pay compensation in the amount specified in § 14(2) of the Article 131 Act
BVerfGE 7, 320-326Order of 10 March 19581 BvL 42/56On whether the legislator may only interfere with the parental right to educate by means of a blanket prohibition if individual measures do not suffice (Art. 6(2) of the Basic Law)
BVerfGE 7, 327-330Order of 13 March 19581 BvR 155/58On the interpretation of Art. 101(1) second sentence and Art. 103(1) of the Basic Law
BVerfGE 7, 330-340Order of 19 March 19582 BvL 38/56On whether a Land law adopted after 8 May 1945 and promulgated prior to 7 September 1949 qualifies as an act amending Reich law (Art. 123(1), 125 no. 2 of the Basic Law). On the law of occupation and the division of competences between the Federation and the Länder
BVerfGE 7, 340-341Order of 27 March 19581 BvR 577/57On the interpretation of Art. 103(1) of the Basic Law
BVerfGE 7, 342-358Order of 22 April 19582 BvL 32/56, 2 BvL 34/56, 2 BvL 35/56On whether the Holiday Acts of the Länder which were adopted after the Basic Law came into force violate Art. 72(1) of the Basic Law. The codification principle in the area of civil law does not apply to labour law
BVerfGE 7, 358-367Order of 29 April 19582 BvL 25/56On whether the state may reserve the right to make legal decisions on matters concerning municipal civil servants (self-government; Art. 28(2) of the Basic Law). State institutions as highest civil service authorities
BVerfGE 7, 367-374Judgment of 27 May 19582 BvQ 1/58Preliminary injunction: Act of the Land Hamburg of 9 May 1958 on the Nuclear Weapons Referendum
BVerfGE 7, 374-377Order of 10 June 19582 BvQ 2/58Preliminary injunction concerning the implementation of the Act of the Land Bremen of 20 May 1958 on the Nuclear Weapons Referendum
BVerfGE 7, 377-444Order of 11 June 19582 BvQ 2/58Freedom to choose an occupation. Freedom of establishment for pharmacies

Volume 6

Table of contents Volume 6
ReferenceDecisionFile referenceDecision title
BVerfGE 6, 1-6Order of 8 October 19561 BvR 190/56On the requirements for issuing a preliminary injunction in constitutional complaint proceedings directed against legal provisions
BVerfGE 6, 7-12Order of 8 October 19561 BvR 205/56On whether an acquittal violates fundamental rights. Proceedings under § 24 of the Federal Constitutional Court Act: No decision on admissibility in case of a manifestly unfounded constitutional complaint. No remedies against an acquittal
BVerfGE 6, 12-15Order of 25 October 19561 BvR 440/54Right to be heard: Judicial decision may only be based on facts and evidentiary results in respect of which parties were given the possibility to submit a statement
BVerfGE 6, 15-19Order of 6 November 19561 BvR 273/56On the inadmissibility of constitutional complaints against decisions issued by the court of last resort for reimbursement claims
BVerfGE 6, 19-20Order of 13 November 19561 BvR 513/56On the right to be heard in different types of proceedings
BVerfGE 6, 20-32Judgment of 5 December 19562 BvP 3/56Art. 29(2) of the Basic Law only refers to revisions of the existing division into Länder carried out by the occupying powers
BVerfGE 6, 32-45Judgment of 16 January 19571 BvR 253/56Elfes judgment. Freedom to leave the country. Constitutional order
BVerfGE 6, 45-54Judgment of 16 January 19571 BvR 134/56On whether the state in its capacity as tax authority may challenge a violation of Art. 101 of the Basic Law. On the division of competences between two supreme courts
BVerfGE 6, 55-84Order of 17 January 19571 BvL 4/54Referral from a court: § 80(4) of the Federal Constitutional Court Act is inapplicable if the Act amending the Federal Constitutional Court Act was not yet in force at the time the referral was received and if the referral satisfied the requirements applicable at the time. On the duty of referral pursuant to Art. 100(1) of the Basic Law. Unamended provision as pre-constitutional law. Legislative discretion restricted by fundamental precepts. Art. 6(1) of the Basic Law is a fundamental precept (binding decision on values) and is currently binding constitutional law. § 26 of the 1951 Income Tax Act is void. On equal opportunities for women
BVerfGE 6, 84-99Judgment of 23 January 19572 BvE 2/56On the validity of § 6(4) of the Federal Elections Act of 7 May 1956. The principle of equal suffrage as an application of the general guarantee of the right to equality. Differentiations in accordance with the right to equality. On parties with at least three constituency seats having an advantage when seats in the Bundestag are allocated to ensure proportional representation. On whether, in designing the law for Bundestag elections, the federal legislator is required to take aspects of the federal order into account
BVerfGE 6, 99-104Judgment of 23 January 19572 BvE 1/56On the validity of § 6(4) of the Federal Elections Act of 7 May 1956
BVerfGE 6, 104-120Judgment of 23 January 19572 BvF 3/56On the validity of § 30(6) of the Municipal Elections Act in the Land North Rhine-Westphalia of 12 June 1954. Five percent threshold in municipal elections
BVerfGE 6, 121-132Judgment of 23 January 19572 BvR 6/56On the validity of § 16(2) third sentence ff., § 17(1) third sentence and § 30(6) of the Municipal Elections Act in the Land North Rhine-Westphalia of 12 June 1954
BVerfGE 6, 132-222Order of 19 February 19571 BvR 357/52Constitutional complaint against § 3 no. 4 of the Article 131 Act of 11 May 1951. On whether generally denying new legal claims to former Gestapo members is compatible with the Basic Law
BVerfGE 6, 222-246Order of 19 February 19571 BvL 13/54§ 77 of the Article 131 Act of 11 May 1951. Referral by the Grand Civil Panel of the Federal Court of Justice
BVerfGE 6, 246-257Order of 20 February 19571 BvR 413/53, 1 BvR 422/53On the First Amendment to the Article 131 Act (Act of 19 August 1953). On whether it was permissible for the members of the former Reich pharmaceutical and medical association to be placed in a worse position in terms of the start of payment than individuals belonging to groups included in the Article 131 Act
BVerfGE 6, 257-273Order of 20 February 19571 BvR 441/53Constitutional complaint against an omission by the legislator. Non-inclusion of the German Red Cross in Annex A to § 2 of the Article 131 Act
BVerfGE 6, 273-282Order of 21 February 19571 BvR 241/56Constitutional complaint of the Gesamtdeutsche Volkspartei against § 49 no. 1 of the Income Tax Implementation Ordinance of 31 December 1955. On whether expenses for promoting socio-political goals may be deducted from taxes. No differentiation between political parties that have seats in the Bundestag or a Landtag and those that do not
BVerfGE 6, 282-290Order of 5 March 19571 BvR 109/52, 1 BvR 303/54Art. V of the First Amendment to the Article 131 Act (Act of 19 August 1953). Members of the former Research Office of the Reich Aviation Ministry
BVerfGE 6, 290-300Order of 21 March 19571 BvR 65/54Constitutional complaint against acts of approval to international treaties. Act of 7 March 1953 on the Three Treaties between the Federal Republic of Germany and the Swiss Confederation on inter alia German Assets in Switzerland. Art. 3, Art. 14 of the Basic Law
BVerfGE 6, 300-309Order of 21 March 19571 BvB 2/51On securing the enforcement of the Federal Constitutional Court’s judgment of 17 August 1956 concerning the prohibition of the Communist Party of Germany. Saarland Communist Party Association as a substitute organisation of the Communist Party of Germany
BVerfGE 6, 309-367Judgment of 26 March 19572 BvG 1/55Reichskonkordat of 20 July 1933. Lower Saxony Act on the Public School System of 14 September 1954. On whether the Länder have an obligation towards the Federation to respect the school provisions of the Reichskonkordat
BVerfGE 6, 367-376Order of 7 May 1957 2 BvH 1/56Municipal elections in Baden-Württemberg: Quorum of signatures for election nominations (Municipal and District Elections Act in the version published on 23 July 1956); Art. 26(4); Art. 72(1) of the Baden-Württemberg Constitution. On whether a political party asserting equal opportunities in political competition in the context of municipal elections has the legal ability to file an application before the Federal Constitutional Court. On whether the Federal Constitutional Court only has subsidiary competence in cases of constitutional disputes within a Land. Art. 21 of the Basic Law as an element of a Land Constitution
BVerfGE 6, 376-385Order of 7 May 19572 BvR 2/56Constitutional complaint lodged by districts in Baden-Württemberg against Art. 29 of the Baden-Württemberg Act of 13 July 1953 on the Provisional Harmonisation of Municipal Law. On the meaning of ‘constitutional complaints concerning electoral law’ under § 14(1) of the Federal Constitutional Court Act. Delimitation of competences of the Federal Constitutional Court and those of the Land Constitutional Courts
BVerfGE 6, 386-389Order of 7 May 19571 BvR 289/56Right of the individual against state interference under Art. 6(1) of the Basic Law. Constitutional complaint lodged by married couple against joint income tax assessment
BVerfGE 6, 389-443Judgment of 10 May 19571 BvR 550/52On whether the provisions criminalising male homosexuality are constitutional (§§ 175 f. of the Criminal Code). Particular right to equality under Art. 3(2) and (3) of the Basic Law. On the right to the free development of one’s personality (Art. 2(1) of the Basic Law). Death of a complainant prior to the conclusion of the constitutional complaint proceedings
BVerfGE 6, 443-445Order of 14 May 19571 BvR 193/57Preliminary injunction in constitutional complaint proceedings against a court decision declaring an extradition to be admissible. On the right to asylum for victims of political persecution (Art. 16(2) second sentence of the Basic Law)
BVerfGE 6, 445-449Order of 14 May 19572 BvR 1/57Constitutional complaint against a decision of a Land Constitutional Court. On the loss of electoral mandates following the prohibition of political parties. On the constitutional status of MPs

Volume 5

Table of contents Volume 5
ReferenceDecisionFile referenceDecision title
BVerfGE 5, 1-2Order of 12 April 19561 BvR 461/55Inadmissibility of constitutional complaint when the right purportedly violated is not identified within the time limit set by § 93 of the Federal Constitutional Court Act
BVerfGE 5, 2-9Judgment of 3 May 19561 BvC 1/55Domicile or extended residence in the territory of application of the Basic Law as a prerequisite for eligibility to be elected to the second German Bundestag
BVerfGE 5, 9-12Order of 25 May 19561 BvR 53/54The right to be heard pursuant to Art. 103(1) of the Basic Law
BVerfGE 5, 13-17Order of 25 May 19561 BvR 190/55Scope of application of Art. 19(1) second sentence of the Basic Law
BVerfGE 5, 17-22Order of 25 May 19561 BvR 83/56Judicial decision that rejects an appeal as inadmissible restarts the time period for purposes of § 93(1) of the Federal Constitutional Court only when the appeal was not manifestly inadmissible. Disadvantage on the basis of homeland and origin in Art. 3(3) of the Basic Law
BVerfGE 5, 22-25Order of 25 May 19561 BvR 128/56Requirements for curing a violation of Art. 103(1) of the Basic Law
BVerfGE 5, 25-34Judgment of 30 May 19561 BvF 3/53Federation’s competence to enact laws on the establishment of pharmacies. Rule of law requirements for a statute
BVerfGE 5, 34-49Judgment of 30 May 19562 BvP 1/56Complaint of the Homeland Association of Baden against the refusal to hold a referendum under Art. 29(2) first sentence of the Basic Law in the territory of the former Free State of Baden. Forms of change in Land borders under Art. 29 of the Basic Law
BVerfGE 5, 49-56Judgment of 30 May 19562 BvP 5/56Complaint of the Homeland Association of Baden against the refusal to hold a referendum under Art. 29(2) first sentence of the Basic Law in the territory of the former federal state of Baden. Any ‘specific change to a decision made on the division into Länder’ referenced in Art. 29(2) of the Basic Law must be seriously intended as a final act of reorganisation
BVerfGE 5, 56-65Judgment of 30 May 19562 BvP 2/56Complaint from a number of eligible voters against the refusal to hold a referendum pursuant to Art. 29(2) of the Basic Law in the area of 62 municipalities in southern Hesse. Meaning of ‘parts of a territory’ under Art. 29(2) of the Basic Law
BVerfGE 5, 66-70Order of 19 April 19562 BvP 4/56Complaint from a number of eligible voters against the refusal to hold a referendum pursuant to Art. 29(2) of the Basic Law in the city of Geesthacht
BVerfGE 5, 71-77Order of 13 June 19561 BvL 54/55, 1 BvL 17/56On the interpretation of Art. 80(1) second sentence of the Basic Law
BVerfGE 5, 77-84Order of 13 June 19561 BvR 315/53, 1 BvR 309/53, 1 BvR 286/53Quorum of signatures for election proposals from associations of voters not affiliated with any party pursuant to the Electoral Act on the Second Bundestag of 8 July 1953. Principle of equal and secret elections
BVerfGE 5, 85-393Judgment of 17 August 19561 BvB 2/51Proceedings on the application of the Federal Government for a declaration that the Communist Party of Germany (Kommunistische Partei Deutschlands) is unconstitutional

Volume 4

Table of contents Volume 4
ReferenceDecisionFile referenceDecision title
BVerfGE 4, 1-7Order of 1 July 1954 1 BvR 361/52On whether a judgment violated Art. 3(1) of the Basic Law
BVerfGE 4, 7-27Judgment of 20 July 19541 BvR 459/52, 1 BvR 484/52, 1 BvR 548/52, inter aliaConstitutional complaint against Industrial Assistance Act of 7 January 1952
BVerfGE 4, 27-31Order of 20 July 19541 PBvU 1/54Decision of the Plenary in accordance with § 16(1) of the Federal Constitutional Court Act. If a political party wishes to assert claims of injury to their constitutional status as a result of the legal organisation of an election, it may do so only in Organstreit proceedings
BVerfGE 4, 31-45Judgment of 11 August 19542 BvK 2/54§ 3(1) of the Electoral Act of the Land Schleswig-Holstein of 22 October 1951 in the version published on 5 November 1952. The fact that a political party represents a national minority does not obligate the legislator to take account of this difference in designing the rights of political parties in the election process
BVerfGE 4, 45-52Order of 15 September 19541 BvL 1/54Referral (from a court) pursuant to Art. 100(1) of the Basic Law is also possible in cases of non-contentious matters. When individual provisions of the law of occupation are repealed or amended by German authorities with the authorisation of the Allied High Commission, those not repealed and not amended shall continue to apply as the law of occupation
BVerfGE 4, 52-60Judgment of 20 October 19541 BvR 527/52Art.6(2) of the Basic Law as a legal barrier to an impermissible interference by the state in a parent’s right to educate their children
BVerfGE 4, 60-74Judgment of 21 October 19541 BvL 52/52Content and scope of the Federation’s legislative competence in regard to currency, money and coinage pursuant to Art. 73 no. 4 of the Basic Law. Act of the Land Rhineland Palatinate of 4 April 1951 on the Clarification of the Consequences of Forced Exchange of Wine for Devalued Currency (Indendanturweinauflagen)
BVerfGE 4, 74-96Order of 21 October 1954     1 BvL 9/51, 1 BvL 2/53The Federation lacks legislative competence for the constitution and proceedings of professional tribunals for members of the healing professions. Act of the Land Lower Saxony of 25 November 1950 on the Professional Associations of Physicians, Pharmacists, Veterinarians and Dentists in the version published on 1 December 1950
BVerfGE 4, 96-110Judgment of 18 November 1954      1 BvR 629/52Content of the fundamental right of the freedom of labour coalitions pursuant to Art. 9(3) of the Basic Law
BVerfGE 4, 110-115Judgment of 18 November 1954  1 BvR 550/52On whether §§ 175 f. of the Criminal Code are compatible with Art. 2 and Art. 3 of the Basic Law
BVerfGE 4, 115-142Judgment of 1 December 19542 BvG 1/54Limitation on the Federation’s power to issue framework legislation in accordance with Art. 75 of the Basic Law. Remuneration Act for the Land North Rhine-Westphalia of 9 June 1954
BVerfGE 4, 142-143Order of 25 January 19551 BvR 136/51Electoral Act for the First Bundestag of 15 June 1949; Electoral Act of the Land North Rhine-Westphalia of 22 January 1947. Right to equal opportunity of political parties to be admitted to stand for election
BVerfGE 4, 143-144Order of 25 January 19551 BvR 522/53Application for recusal of a Justice on grounds of possible bias
BVerfGE 4, 144-156Judgment of 16 March 19552 BvK 1/54Act of the Land Schleswig-Holstein of 17 June 1952 on the Compensation of Members of the Schleswig-Holstein Landtag (state parliament). Compensation for members of the Landtag who are also members of the Bundestag
BVerfGE 4, 157-178Judgment of 4 May 19551 BvF 1/55Federal Act of 24 March 1955 regarding the Saar Statute signed on 23 October 1954 in Paris
BVerfGE 4, 178-189Order of 11 May 19551 BvO 1/54On whether § 50 of Act No. 110 of the Land Württemberg-Baden of 16 October 1946 on Administrative Court Jurisdiction continues to apply as federal law
BVerfGE 4, 190-193Order of 7 July 1955             1 BvR 455/54Right to be heard pursuant to Art. 103(1) of the Basic Law
BVerfGE 4, 193-205Order of 7 July 1955 1 BvR 108/52Recourse to the courts within the meaning of § 90(2) first sentence of the Federal Constitutional Court Act. On the interpretation of Art. 129(1) first sentence of the Basic Law
BVerfGE 4, 205-212Order of 7 July 1955 1 BvR 635/52On the interpretation of Art. 33(5) of the Basic Law. No individual right to an appeal in civil service disciplinary proceedings
BVerfGE 4, 212-213Order of 12 July 1955 1 BvR 146/55Recourse to the courts within the meaning of § 90 of the Federal Constitutional Court Act
BVerfGE 4, 214-219Order of 20 July 19551 BvO 21/54On the interpretation of Art. 100(1) and Art.126 of the Basic Law
BVerfGE 4, 219-250Order of 21 July 19551 BvL 33/51Act No. 953 of the Land Württemburg-Baden of 12 March 1951 Revising the Act on the Transfer of Persons Employed in the Area of Political Liberation into Other Employment. On the interpretation of Art.14(3) second and third sentence (‘Mandatory Linking Clause’)
BVerfGE 4, 250-293Judgment of 28 July 19552 BvH 1/54Implementation of the School Act of the Land North Rhine-Westphalia of 8 April 1952 in the former Land of Lippe (principal proceedings)
BVerfGE 4, 294-298Order of 5 October 19551 BvR 103/52Relationship of Art. 132 to Art. 33(5) of the Basic Law
BVerfGE 4, 299-309Judgment of 6 October 19551 BvR 85/55Art. 16(2) first sentence of the Basic Law does not preclude extradition to German courts outside of the applicable territory of the Basic Law (extradition to courts in Saarland)
BVerfGE 4, 309-315Order of 6 October 19551 BvR 768/52No reinstatement into one’s former procedural position after failure to meet deadline set by § 93(1) of the Federal Constitutional Court Act
BVerfGE 4, 316-319Order of 12 October 19551 BvC 1/54Complaint in electoral scrutiny proceedings. Use of document other than official form for the collection of signatures of eligible voters
BVerfGE 4, 319-321Order of 3 November 19552 BvM 1/55Requirements for an application pursuant to Art. 100(2) of the Basic Law
BVerfGE 4, 322-331Judgment of 9 November 19551 BvR 284/54Constitutional complaint against extradition to Austria. Persons who would have been considered Austrian nationals on 27 April 1945 if Austrian citizenship law had continued to apply without interruption have lost, as of that date, any German citizenship applicable due to the ‘Anschluß’
BVerfGE 4, 331-352Order of 9 November 19551 BvL 13/52, 1 BvL 21/52Federal Constitutional Court has exclusive ability pursuant to Art. 100(1) of the Basic Law to declare void any law enacted after the coming into force of the Basic Law. Emergency Assistance Act of the Economic Counsel of the United Economic Zone of 8 August 1949. Courts within the meaning of the Basic Law (Art. 20(2) and Art. 97(2) of the Basic Law)
BVerfGE 4, 352-358Order of 30 November 19551 BvL 120/53Special protection of honour enforceable by criminal law for persons involved in public political life (§ 187a of the Criminal Code). Art. 3(2) of the Basic Law
BVerfGE 4, 358-370Order of 30 November 19551 BvO 2/52Referral procedure pursuant to § 86(2) of the Federal Constitutional Court Act. Inadmissibility of opinion from referring court
BVerfGE 4, 370-374Order of 21 December 19551 BvC 2/54Complaint in electoral scrutiny proceedings pursuant to § 48 of the Federal Constitutional Court Act can only be based on electoral errors that actually affect or could affect the distribution of seats in Parliament
BVerfGE 4, 375-387Judgment of 6 February 19562 BvH 1/55Electoral Act of the Land Baden-Württemberg of 9 May 1955. Quorum of signatures for nominating constituency candidates. Subsidiary jurisdiction of the Federal Constitutional Court pursuant to Art. 93(1) no. 4 of the Basic Law
BVerfGE 4, 387-412Order of 23 February 19561 BvL 28/55, 1 BvL 49/55Land Acquisition for Construction Act of 3 August 1953. Meaning of Art. 14(3) fourth sentence of the Basic Law. Recourse to ordinary courts in the case of disputes concerning the amount of compensation
BVerfGE 4, 412-424Judgment of 20 March 19561 BvR 479/55Scheduling of hearing by a judge who has been disqualified from the matter

Volume 3

Table of contents Volume 3
ReferenceDecisionFile reference
BVerfGE 3, 1-4Order of 12 May 19531 BvR 205/52, 1 BvR 241/52, 1 BvR 242/52, inter aliaConstitutional complaint concerning measures to implement land reform in Hesse
BVerfGE 3, 4-12Judgment of 24 July 19531 BvR 293/52Compensation for damage due to occupation. Budgetary Consolidation Act of the Land Hesse of 1 February 1950. If the enactment of a law was based on expert financial considerations, an assumption of arbitrary regulation is ruled out
BVerfGE 3, 12-19Judgment of 29 July 19532 BvE 1/53Scope of the rights of the Bundesrat in legislative proceedings. Significance of the Bundesrat’s statement on a draft law of the Federal Government in first review prior to submission to the Bundestag
BVerfGE 3, 19-34Judgment of 1 August 19531 BvR 281/53Constitutional complaint of the Pan-German People’s Party (Gesamtdeutche Volkspartei) against the Electoral Act for the Bundestag of 8 July 1953. Right of a political party to equal opportunity to be admitted to stand for election
BVerfGE 3, 34-39Judgment of 1 August 19531 BvR 459/52, 1 BvR 484/52, 1 BvR 623/52, inter aliaAct on Industrial Assistance of 7 January 1952. Requirements for the issuance of a preliminary injunction in constitutional complaint proceedings challenging a law
BVerfGE 3, 39-41Order of 11 November 19531 BvR 512/53Constitutional complaint against the rejection of an electoral nomination
BVerfGE 3, 41-45Order of 11 November 19531 BvR 444/53Constitutional complaint of districts in Baden-Württemberg against the Act of the Land Baden Württemberg of 13 July 1953 on the Temporary Suspension of Municipal Law. Requirements for the issuance of a preliminary injunction
BVerfGE 3, 45-52Order of 11 November 19531 BvL 67/52Municipal Electoral Act of the Land Schleswig-Holstein of 3 February 1951. Principle of direct elections
BVerfGE 3, 52-58Judgment of 10 December 19532 BvQ 1/53, 2 BvR 2/53Implementation of resolutions of the respective Landtag (state parliament) of Bavaria and Hesse on Christmas bonuses for 1953. Requirements for the issuance of a preliminary injunction in constitutional law disputes
BVerfGE 3, 58-162Judgment of 17 December 19531 BvR 147/52Article 131 Act of 11 May 1951. Constitutional complaints of civil servants and civil service pensioners
BVerfGE 3, 162-186Judgment of 17 December 19531 BvR 323/51, 1 BvR 195/51, 1 BvR 138/52, inter aliaArticle 131 Act of 11 May 1951. Constitutional complaints of public employees
BVerfGE 3, 187-208Judgment of 17 December 19531 BvL 59/52§ 52 first sentence first clause of the Article 131 Act of 11 May 1951 as amended on 1 September 1953. Employees of municipalities in Schleswig-Holstein
BVerfGE 3, 208-213Judgment of 17 December 19531 BvL 123/52§ 77(1) of the Article 131 Act of 11 May 1951. Civil servants of municipalities in Rhineland Palatinate
BVerfGE 3, 213-224Judgment of 17 December 19531 BvR 335/51Extent of the scope of persons described in Art. 131 of the Basic Law. Limits of judicial review in regard to constitutional complaints against judgments
BVerfGE 3, 225-248Judgment of 18 December 19531 BvL 106/53Significance of Art. 117(1) of the Basic Law / requirements for voiding constitutional provisions
BVerfGE 3, 248-255Judgment of 18 December 19531 BvR 230/51Meaning of Art. 103(3) of the Basic Law. Interpretation of the principle of ne bis in idem in summary penal order proceedings
BVerfGE 3, 255-260Order of 14 January 19541 BvR 409/53On whether, in the aftermath of the state’s collapse in 1945, civil servant status could also be conferred without issuing a certificate of appointment
BVerfGE 3, 261-267Order of 10 February 19542 BvN 1/54‘Decision’ of the Federal Constitutional Court within the meaning of Art. 100(3) of the Basic Law
BVerfGE 3, 267-288Judgment of 24 February 19542 BvQ 1/54Implementation of the School Act of the Land North Rhine-Westphalia of 8 April 1952 in the former Land of Lippe. Admissibility of an application for preliminary injunction prior to the initiation of the principal proceedings. Jurisdiction of the Federal Constitutional Court over disputes concerning the agreement of incorporation between the subsuming Land and the Land to be subsumed
BVerfGE 3, 288-352Judgment of 26 February 19541 BvR 371/52Article 131 Act of 11 May 1951. Constitutional complaints of career soldiers and pensioners of the former Wehrmacht
BVerfGE 3, 352-354Order of 26 February 19541 BvR 138/52No determination of the amount in dispute when calculating legal aid costs in constitutional complaint proceedings
BVerfGE 3, 352-354Order of 26 February 19541 BvO 2/53Decision as to the continued application of a provision as federal law. Requirement for the admissibility of a referral (from a court) pursuant to § 86(2) of the Federal Constitutional Court Act
BVerfGE 3, 357-359Order of 26 February 19541 BvO 4/53Decision as to the continued application of a provision as federal law. Requirement for the admissibility of a referral (from a court) pursuant to § 86(2) of the Federal Constitutional Court Act
BVerfGE 3, 359-366Order of 26 February 19541 BvR 537/53Constitutional complaint against a judgment due to violation of Art. 101(1) second sentence of the Basic Law
BVerfGE 3, 366-368Order of 26 February 19541 BvR 397/51Determination of amount in dispute in constitutional complaint proceedings if extraordinary grounds are present
BVerfGE 3, 368-377Order of 28 April 19541 BvL 85/53No declaration of incompatibility between the law of occupation and German law in proceedings pursuant to Art. 100(1) of the Basic Law
BVerfGE 3, 377-383Order of 29 April 19541 BvR 328/52The principle that no one can serve as a judge in matters in which they are personally involved is not transferrable to an administrative authority’s decisions concerning the right of appeal in non-complex administrative proceedings
BVerfGE 3, 383-407Order of 3 June 19541 BvR 183/54Electoral Act of the Land North Rhine-Westphalia of 26 March 1954. Right of political parties to equal opportunity to be admitted to stand for election to the Landtag (state parliament)
BVerfGE 3, 407-439Order of 16 June 19541 PBvV 2/52Legal opinion as to the Federation’s competence to enact construction law

Volume 2

Table of contents Volume 2
ReferenceDecisionFile ReferenceDecision title
BVerfGE 2, 1-79Judgment of 23 October 19521 BvB 1/51Declaration that the Sozialistische Reichspartei is unconstitutional
BVerfGE 2, 79-98Order of 8 December 1952   1 PBvV 1/52Binding effect of a Plenary opinion about certain questions of constitutional law on the Senates in the judgment proceedings
BVerfGE 2, 98-101Order of 12 December 1952   1 BvR 674/52Extraditing a former Czechoslovakian national of German ancestry who had retained German citizenship that was imposed on him in 1939 does not violate the fundamental rights in Art. 16(2) first sentence of the Basic Law
BVerfGE 2, 101-103Order of 17 December 1952   1 BvR 164/52Start of time period to submit a constitutional complaint against a judicial decision
BVerfGE 2, 103-105Judgment of 14 January 19531 BvQ 11/52Proceedings seeking to declare the Act Revising the Remuneration of Teachers of the Land Hamburg of 24 October 1952 void. Denial of an application for a preliminary injunction
BVerfGE 2, 105-115Order of 21 January 19531 BvR 520/52Constitutional complaint challenging §§ 63 and 52 of the Article 131 Act. Incidental decision on a preliminary question of non-constitutional law
BVerfGE 2, 115-118Order of 30 January 19531 BvR 648/52Constitutional complaint against judicial order in extradition proceedings. Requirements for attaining German citizenship through service in the former Wehrmacht pursuant to the decree of 19 May 1943
BVerfGE 2, 118-121Order of 30 January 19531 BvR 377/51Extensive similarity of preventive detention to a prison sentence does not violate Art. 3 of the Basic Law
BVerfGE 2, 121-123Order of 10 February 19531 BvR 787/52The provisions of Art. 19(1) second sentence of the Basic Law only refer to future lawmaking
BVerfGE 2, 123-124Order of 10 February 19531 BvR 519/52No exhaustion of legal remedies when complainant withdraws an admissible appeal
BVerfGE 2, 124-135Judgment of 24 February 19531 BvL 21/51Craft and Trade Code of the Land Württemberg-Hohenzollern of 5 November 1946. No review pursuant to Art. 100(1) first sentence of the Basic Law of laws promulgated before the Basic Law came into force
BVerfGE 2, 136-139Order of 4 March 19531 BvL 5/52Art. of the Act of the Land Württemberg of 27 December 1871 concerning criminal law revisions in light of the introduction of the Reich Criminal Code. In proceedings under Art. 100(1) of the Basic Law, Reich law that continues to apply as federal law is only to be used as the standard of review from 7 September 1949 onwards
BVerfGE 2, 139-143Order of 4 March 19531 BvR 766/52Requirements for a complaint against an administrative act taken in execution of a decision of the Federal Constitutional Court. Implementation of the prohibition of substitute organisations of the Sozialistische Reichspartei
BVerfGE 2, 143-181Judgment of 7 March 1953   2 BvE 4/52Constitutional law dispute concerning the German Bundestag’s adoption of laws on the European Defence Community Treaty and the General Treaty. Disputed issues of constitutional law that arise through the process of the formation of the political will in the Bundestag cannot be brought before the Federal Constitutional Court in Organstreit proceedings between a majority and minority of MPs in the Bundestag or between parliamentary groups
BVerfGE 2, 181-213Judgment of 18 March 1953   1 BvL 11/51Act of the Land Rhineland Palatinate of 10 March 1950 on the elimination of pension reductions. Judicial exemption from measures taken by German authorities in compliance with instructions of the occupying power
BVerfGE 2, 213-225Order of 22 April 19531 BvL 18/52Competence of the Federation in regard to the Impunity Act of 31 December 1949 as a result of its concurrent legislative power in the areas of criminal procedure law and correctional law (Art. 74 no. 1 of the Basic Law)
BVerfGE 2, 225-232Order of 22 April 19531 BvR 162/51Scope of the right of petition pursuant to Art.17 of Basic Law
BVerfGE 2, 232-237Order of 22 April 19531 BvL 54/52Validity of Bavarian legal provisions on the granting of wage supplements for work on public holidays
BVerfGE 2, 237-266Order of 24 April 19531 BvR 102/51Act on Protecting Claims for the Equalisation of Burdens of 2 September 1948 and revised law of 10 August 1949. Constitutional complaint against a law that existed prior to the Basic Law coming into force. Continued application of Art. 153(2) of the Weimar Constitution in the post-war period as ordinary Reich law without constitutional status
BVerfGE 2, 266-286Order of 7 May 1953 1 BvL 104/52Emergency Reception Act of 22 August 1950. Fundamental right of the freedom of movement; rules on proceedings to limit freedom of movement
BVerfGE 2, 287-292Order of 13 May 1953 1 BvR 74/51Constitutional complaint against failure to act. Exhaustion of legal remedies prior to submitting constitutional complaint
BVerfGE 2, 292-295Order of 13 May 1953 1 BvR 93/52Expense Ordinance (ordinance pertaining to § 9a of the Income Tax Act) of 22 October 1951. § 90(2) second sentence of the Federal Constitutional Court Act inapplicable where constitutional complaint directly challenges a law or ordinance
BVerfGE 2, 295-300Order of 13 May 1953 1 BvR 344/51No recusal of a judge on grounds of his participation in legislative proceedings
BVerfGE 2, 300-307Order of 10 June 19531 BvC 3/52Requirements of an electoral scrutiny complaint pursuant to § 48 of the Federal Constitutional Court Act
BVerfGE 2, 307-336Order of 10 June 19531 BvF 1/53Requirement of a statutory provision for a change in the territorial jurisdiction of courts. Requirements for the continued validity of authorisations in legislation that predates the convening of the Bundestag. Parties within the meaning of § 25(1) of the Federal Constitutional Court Act
BVerfGE 2, 336-341Order of 17 June 19531 BvR 668/52Constitutional complaint against the denial of the appointment of legal aid representation in proceedings to compel the public prosecution office to press charges pursuant to § 172 of the Code of Criminal Procedure
BVerfGE 2, 341-347Order of 17 June 19531 BvL 122/52Art. 100(1) first sentence of the Basic Law also applies when the Court finds a law to be invalid, if such finding affects the validity or invalidity of another law that forms part of the legal basis for the act of authority under review
BVerfGE 2, 347-380Judgment of 30 June 1953   2 BvE 1/52Agreement between the Land Baden and the Autonomous Port of Strasbourg of 19 October 1951 on the joint administration of the harbour in Kehl. Requirements for the applicability of Art.32(3) and 59(2) of the Basic Law
BVerfGE 2, 380-406Judgment of 1 July 19531 BvL 23/51Act of the Land North Rhine-Westphalia of 3 August 1951 on the right of objection in claims for compensation for wrongful imprisonment. The rule of law is a guiding principle of the Basic Law and is also binding on the Land legislator
BVerfGE 2, 406-415Order of 15 July 19531 BvL 7/53Act of the Land Bavaria of 28 January 1950 on the clarification of the assignment of motor vehicles. Referral pursuant to Art.100(1) of the Basic Law is inadmissible if the referring court’s own legal opinion is no longer decisive for the decision according to the procedural rules at the given stage of the proceedings

Volume 1

Table of contents Volume 1
ReferenceDecisionFile referenceDecision title
BVerfGE 1, 1-3Order of 9 September 1951              2 BvQ 1/51Reorganisation of the Länder of Baden, Württemberg-Baden and Württemberg-Hohenzollern in accordance with Art. 118 of the Basic Law (‘Southwest State’): Suspension of a referendum by preliminary injunction
BVerfGE 1, 3Order of 27 September 1951              1 BvR 70/51Claims of damages cannot be asserted through constitutional complaints
BVerfGE 1, 4-5Order of 27 September 1951       1 BvR 61/51Requirements for a constitutional complaint against final judicial decisions
BVerfGE 1, 5-7Order of 27 September 1951   1 BvR 70/51No constitutional complaints against decisions issued on the basis of denazification laws
BVerfGE 1, 7-8Order of 3 October 19511 BvR 103/51Constitutional complaint against final decision of an ordinary court: Scope of review by the Federal Constitutional Court
BVerfGE 1, 9-10Order of 11 October 19511 BvR 23/51No constitutional complaints against interim judicial decisions prior to final judgment
BVerfGE 1, 10-12Order of 11 October 19511 BvR 95/51No constitutional complaints against measures taken on the basis of occupation law or measures of foreign public authority
BVerfGE 1, 12-13Order of 12 October 19511 BvR 41/51Exhaustion of legal remedies as a prerequisite for the admissibility of a constitutional complaint
BVerfGE 1, 13-14Order of 12 October 19511 BvR 201/51Exhaustion of legal remedies as a prerequisite for the admissibility of a constitutional complaint
BVerfGE 1, 14-66Judgment of 23 October 1951          2 BvG 1/51Reorganisation of the Länder of Baden, Württemberg-Baden and Württemberg-Hohenzollern in accordance with Art.118 of the Basic Law (‘Southwest State’): Decision in principal proceedings
BVerfGE 1, 66-69Order of 2 October 19512 BvG 1/51Requirements for the exclusion of a judge from serving in such office and for recusal on grounds of possible bias
BVerfGE 1, 69-70Order of 24 October 19511 BvR 178/51‘Severe and unavoidable disadvantage’ within the meaning of § 90(2) second sentence of the Federal Constitutional Court Act
BVerfGE 1, 70-73Order of 25 October 19511 BvR 24/51Applicability of the fundamental rights portion of the Basic Law in West Berlin
BVerfGE 1, 74-76Order of 13 November 1951 1 BvR 213/51Preliminary injunction in constitutional complaint proceedings
BVerfGE 1, 76-80Order of 22 November 1951 PBvV 1/51Opinion of the Plenary concerning the Act Implementing Art. 108(2) of the Basic Law
BVerfGE 1, 80-82Order of 23 November 19511 BvL 14/51Referrals to the Federal Constitutional Court pursuant to Art.100 of the Basic Law may only be submitted by the entire court deciding the case and not by the court’s presiding judge alone
BVerfGE 1, 82-85Order of 23 November 19511 BvR 208/51No constitutional complaints against general administrative provisions
BVerfGE 1, 85-87Order of 27 November 19511 BvF 2/51On whether the Act of 16 March 1951 on Financial Equalisation among the Länder for the Budget Year 1950 is constitutional: Denial of an application for a preliminary injunction
BVerfGE 1, 87-89Order of 28 November 19511 BvR 166/51, 1 BvR 173/51, 1 BvR 174/51, inter aliaConstitutional complaint of a person who is legally incapacitated due to mental deficiency in view of his querulous disposition
BVerfGE 1, 89-91Order of 29 November 19511 BvR 257/51No constitutional complaints against a judgment of the Federal Constitutional Court or a law that the Court has declared to be valid
BVerfGE 1, 91-97Order of 18 December 19511 BvR 222/51Constitutional complaint against autonomous bylaws
BVerfGE 1, 97-108Order of 19 December 19511 BvR 220/51Admissibility requirements for a constitutional complaint against a law that has been enacted; no individual claim by a citizen against the actions of the legislator
BVerfGE 1, 108-109Order of 31 January 1952     1 BvL 16/51No appointment of defence counsel in judicial review proceedings on the referral of a criminal court
BVerfGE 1, 109-115Order of 31 January 1952     1 BvR 68/51Application for legal aid in constitutional complaint proceedings
BVerfGE 1, 115-117Order of 15 February 19522 BvE 1/51Competence of the Federal President to represent the Bundestag in constitutional law disputes
BVerfGE 1, 117-143Judgment of 20 February 19521 BvF 2/51Act of 16 March 1951 on Financial Equalisation among the Länder for the Budget Year 1950
BVerfGE 1, 144-162Judgment of 6 March 1952   2 BvE 1/51Validity of § 96 of the Bundestag Rules of Procedure of 6 December 1951. Treatment of draft finance legislation
BVerfGE 1, 162-166Order of 6 March 19521 BvO 1/51Requirements for submitting a referral on the question of the continued applicability of law as federal law in accordance with Art.126 of the Basic Law and § 89 of the Federal Constitutional Court Act
BVerfGE 1, 167-184Judgment of 20 March 1952 1 BvR 267/51Constitutional complaint of municipalities and associations of municipalities against laws. Article 131 Act of 11 May 1951
BVerfGE 1, 184-202Judgment of 20 March 1952 1 BvL 12/51, 1 BvL 15/51, 1 BvL 16/51, inter aliaPolice ordinances concerning the so-called Advisory Referendum against Remilitarisation and for a Peace Accord of 1951. Limitation on judicial review pursuant to Art. 100(1) of the Basic Law to only laws in the formal sense. Referral of court files rather than administrative proceedings
BVerfGE 1, 202-208Order of 20 March 1952       1 BvL 14/52Limitation on judicial review of laws pursuant to Art.100(1) of the Basic Law to only laws in the formal sense
BVerfGE 1, 208-261Judgment of 5 April 19522 BvH 1/52Electoral Act of the Land Schleswig-Holstein of 22 October 1951. Ability of political parties to lodge applications in electoral law disputes. Significance of the principle of equal suffrage
BVerfGE 1, 261-263Order of 24 April 19521 BvL 34/51Inadmissibility of a referral pursuant to Art. 100 of the Basic Law on whether a provision of the Public Service General Pay Scale Agreement is compatible with the Basic Law
BVerfGE 1, 263-264Order of 24 April 19521 BvR 36/52No corresponding applicability of the time period in § 93(3) of the Federal Constitutional Court Act for constitutional complaints against ‘another sovereign act’
BVerfGE 1, 264-281Order of 30 April 19521 BvR 14/52, 1 BvR 25/52, 1 BvR 167/52Chimney Sweep Regulation Act of 22 January 1952. Ex officio review of the Federation’s competence to legislate. Significance of the principle of equality. Property within the meaning of Art. 14 of the Basic Law
BVerfGE 1, 281-283Order of 15 May 19521 BvQ 6/52Judicial review proceedings concerning the General Treaty and the Treaty on the European Defence Community. Denial of an application for a preliminary injunction
BVerfGE 1, 283-299Judgment of 20 May 19521 BvL 3/51, 1 BvL 4/51Shop Opening Hours Act of the Land Baden of 28 March 1951. Shop Opening Hours Act of the Land Bremen of 18 July 1950 and 17 October 1950. Applicability of Art.100(1) of the Basic Law when a court rejects the validity of a Land law in a formal sense due to conflict with the legal order of the Federation. A need for federal legislation is not a requirement for the continued application of a provision as federal law
BVerfGE 1, 299-322Judgment of 21 May 19522 BvH 2/52Allocation of federal housing funds to the Länder. Influence of the Länder on the formation of the federal will. Duty to engage in ‘federalism-friendly conduct’
BVerfGE 1, 322-332Order of 28 May 19521 BvR 213/51Effectiveness of the imposition of German citizenship in connection with annexation of land by the German Reich since 1 January 1938
BVerfGE 1, 332-349Judgment of 13 June 1952   1 BvR 137/52Requirements for the admissibility of the execution in the Federal Republic of a criminal judgment issued in the Soviet Zone
BVerfGE 1, 349-351Judgment of 15 July 19521 BvB 1/51Preliminary injunction against the Sozialistische Reichspartei
BVerfGE 1, 351-372Judgment of 29 July 1952    2 BvE 3/51Petersberg Agreement of 22 November 1949 is not a treaty between the Federal Republic and foreign states in the sense of Art. 59(2) of the Basic Law
BVerfGE 1, 372-396Judgment of 29 July 1952    2 BvE 2/51Nature of a state treaty that governs the political relations of the Federation or relates to subjects of federal legislation under Art. 59(2) of the Basic Law. Franco-German Economic Agreement of 10 February 1950
BVerfGE 1, 396-415Judgment of 30 July 1952    1 BvF 1/52Judicial review proceedings concerning the General Treaty and the Treaty on the European Defence Community. Inadmissibility of judicial review prior to enactment of a law
BVerfGE 1, 415-417Order of 10 September 19521 BvR 379/52Start of time period to lodge a constitutional complaint against a law with retroactive effect
BVerfGE 1, 418-429Order of 18 September 19521 BvR 612/52Constitutional complaint against a criminal judgment. Act of the Land Hesse of 29 May 1946 on the Punishment of Nazi Crimes. Equality before the law
BVerfGE 1, 430-433Order of 18 September 19521 BvC 5/52Time period to lodge application for an electoral scrutiny complaint
BVerfGE 1, 433-439Order of 18 September 19521 BvR 49/51Lodging of constitutional complaints through a representative. Point in time at which written authorisation was submitted
BVerfGE 1, 439-440Order of 10 October 19521 BvR 511/52No violation of Art. 101 of the Basic Law when a German citizen living in the Federal Republic was convicted by the 5th Criminal Division of the Federal Court of Justice sitting in Berlin for a crime committed in the Federal Republic