Volume 39
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 39, 1-95 | Judgment of 25 February 1975 | 1 BvF 1/74, 1 BvF 2/74, 1 BvF 3/74 inter alia | Abortion; ‘time-limit model’ (Fristenlösung) |
| BVerfGE 39, 1-95 | Judgment of 25 February 1975 | 1 BvF 1/74, 1 BvF 2/74, 1 BvF 3/74 inter alia | Dissenting opinion of Justices Rupp-v. Brünneck and Simon |
| BVerfGE 39, 96-128 | Judgment of 4 March 1975 | 2 BvF 1/72 | Act on the Promotion of Urban Development; compilation and execution of a federal programme for the deployment of federal financial assistance to promote urban renovation and development |
| BVerfGE 39, 128-147 | Order of 22 January 1975 | 2 BvL 51/71, 2 BvL 10/73, 2 BvL 14/73 | Reimbursement of costs incurred during higher education or professional training by a professional member of the Armed Forces in the event of premature termination of service |
| BVerfGE 39, 148-156 | Order of 11 March 1975 | 1 BvL 13/73 | Delimitation of the group of physically disabled people entitled to free local public transport |
| BVerfGE 39, 156-169 | Order of 11 March 1975 | 2 BvR 135/75, 2 BvR 136/75, 2 BvR 137/75 inter alia | Limitation of the number of chosen defence lawyers of a person suspected of a criminal offence; prohibition to jointly defend multiple persons suspected of the same criminal offence |
| BVerfGE 39, 169-196 | Judgment of 12 March 1975 | 1 BvL 15/71, 1 BvL 19/71, 1 BvL 32/73 inter alia | Aggravated requirements for a widower’s pension as opposed to a widow’s pension within the pension scheme for employees and workers (in a case where the family’s maintenance was predominantly secured by the deceased wife) |
| BVerfGE 39, 196-205 | Order of 12 March 1975 | 2 BvL 10/74 | Dependence of a widower’s claim to a widower’s pension on the existence of a statutory maintenance claim of the widower via-à-vis his deceased wife (North Rhine-Westphalia Civil Service Act) |
| BVerfGE 39, 205-210 | Order of 12 March 1975 | 2 BvR 70/75 | Preliminary injunction; defence of multiple persons charged with a criminal offence by a joint defence lawyer in administrative penalty proceedings |
| BVerfGE 39, 210-237 | Order of 19 March 1975 | 1 BvL 20/73, 1 BvL 21/73, 1 BvL 23/73, 1 BvL 24/73 | On the regulation of grinding pursuant to the Act on the Creation of an Efficient Structure for the Milling Industry (caps on milled quantities) |
| BVerfGE 39, 238-247 | Order of 8 April 1975 | 2 BvR 207/75 | Revocation of the appointment of a public defender |
| BVerfGE 39, 247-257 | Order of 9 April 1975 | 1 BvL 6/74 | Election of representatives of the professors for self-governing bodies of a newly founded university for a transitional period after its establishment under integration of the faculty of a college of education (Lower Saxony) |
| BVerfGE 39, 258-276 | Order of 9 April 1975 | 1 BvR 344/73 | Actions for allocation of an admission spot in a study programme under admission restrictions where available spots have not been used to capacity; ranking of the applicant bringing the action |
| BVerfGE 39, 276-301 | Order of 9 April 1975 | 1 BvR 344/74, 1 BvR 345/74, 1 BvR 346/74 inter alia | Universities as respondents in actions for the allocation of admission spots in a study programme under admission restrictions where available spots have not been used to capacity |
| BVerfGE 39, 302-316 | Order of 9 April 1975 | 2 BvR 879/73 | Constitutional complaint of local health insurance providers (Allgemeine Ortskrankenkassen) against their dissolution; on the question whether local health insurance providers have legal personality with regard to fundamental rights |
| BVerfGE 39, 316-333 | Order of 6 May 1975 | 1 BvR 332/72 | Child bonus for grandchildren of recipients of a pension from the miners’ association pension scheme (knappschaftliche Rentenversicherung) |
| BVerfGE 39, 334-375 | Order of 22 May 1975 | 2 BvL 13/73 | ‘Radicals’ as civil servants and employees in the public service; admission to the mandatory two-year legal traineeship |
| BVerfGE 39, 375-378 | Order of 22 May 1975 | 2 BvL 13/73 | Dissenting opinion of Justice Seuffert |
| BVerfGE 39, 378-386 | Order of 22 May 1975 | 2 BvL 13/73 | Dissenting opinion of Justice Rupp |
| BVerfGE 39, 386-390 | Order of 22 May 1975 | 2 BvL 13/73 | Dissenting opinion of Justice Wand |
Volume 38
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 38, 1-22 | Order of 27 June 1974 | 2 BvR 429/72, 2 BvR 641/72, 2 BvR 700/72 inter alia | Official title of judges |
| BVerfGE 38, 23-25 | Order of 2 July 1974 | 2 BvA 1/69 | Forfeiture of fundamental rights (Deutsche National-Zeitung); requirements for reasons provided to substantiate the application |
| BVerfGE 38, 26-32 | Order of 2 July 1974 | 2 BvR 805/72 | Safety measures vis-à-vis a lawyer on the occasion of a visit to his client in remand detention (Baader-Meinhof Group) |
| BVerfGE 38, 32-35 | Order of 2 July 1974 | 2 BvR 648/73 | Notification of judicial decisions imposing or continuing a deprivation of liberty |
| BVerfGE 38, 35-41 | Order of 2 July 1974 | 2 BvR 32/74 | Denial of the right to be heard (service of a decision ordering payment of an administrative fine in case of absence due to a holiday; requirements with regard to the application for reinstatement into one’s former procedural position after missing the deadline to enter a protest) |
| BVerfGE 38, 41-49 | Order of 3 July 1974 | 1 BvL 18/73 | Waiver of exemption from mandatory enrolment in the employee pension scheme (employees who are enrolled in pension schemes for their particular profession compared to staff entitled to pension claims within the purview of civil service law) |
| BVerfGE 38, 49-51 | Order of 11 July 1974 | 1 BvQ 5/74 | Preliminary injunction; treaty on the reciprocal relations between the Federal Republic of Germany and the Czechoslovak Socialist Republic; rejection of the application to suspend the ratification procedure |
| BVerfGE 38, 52-61 | Order of 16 July 1974 | 1 BvR 75/74 | Immediate execution of deportation due to criminal conviction |
| BVerfGE 38, 61-102 | Order of 17 July 1974 | 1 BvR 51/69, 1 BvR 160/69, 1 BvR 285/69 inter alia | Special taxes on road freight (‘Leberpfennig’) |
| BVerfGE 38, 103-105 | Order of 8 October 1974 | 2 BvL 14/72 | Inadmissibility of a referral for specific judicial review (mootness due to the constitutional question having been resolved in a decision of the Federal Constitutional Court rendered in the mean time; Hamburg Press Act; right to refuse to give evidence) |
| BVerfGE 38, 105-120 | Order of 8 October 1974 | 2 BvR 747/73 | Exclusion of a witness’s counsel from witness examination in disciplinary proceedings |
| BVerfGE 38, 121-128 | Order of 22 October 1974 | 1 BvL 3/72 | Inadmissibility of a referral for specific judicial review (North Rhine-Westphalia Budget Act) |
| BVerfGE 38, 128-138 | Order of 22 October 1974 | 1 BvL 30/73 | So-called ‘diplomatic clause’ in the law of restitution for victims of persecution by the Nazi regime |
| BVerfGE 38, 139-154 | Order of 22 October 1974 | 2 BvR 147/70 | Withdrawal of the administrative supervisory powers of the President of the Higher Labour Court of Bavaria in regard to subordinate labour courts |
| BVerfGE 38, 154-171 | Order of 5 November 1974 | 2 BvL 6/71 | Exemption from compulsory military service if all siblings of the potential conscript have died as a result of a damage to their health within the meaning of § 81 of the Military Pensions Act |
| BVerfGE 38, 171-174 | Order of 5 November 1974 | 2 BvL 6/71 | Dissenting opinion of Vice-President Seuffert and Justice Hirsch |
| BVerfGE 38, 175-187 | Order of 12 November 1974 | 1 BvR 32/68 | Previous property owners’ right to reacquisition if the aim pursued with an expropriation is not realised (‘re-expropriation’) |
| BVerfGE 38, 187-206 | Order of 12 November 1974 | 1 BvR 505/68 | Revival of the survivor’s pension received by a war widow after dissolution of a second marriage |
| BVerfGE 38, 206-212 | Order of 13 November 1974 | 1 BvR 315/67, 1 BvR 655/67, 1 BvR 314/67 | Restrike mint of gold coins from the Reich which are withdrawn from circulation (Coin and Medal Ordinance) |
| BVerfGE 38, 213-225 | Order of 13 November 1974 | 1 BvL 12/73 | Exclusion of women who are exempt from mandatory health insurance during their fixed-term training contract from the entitlement to a maternity allowance if the contract ends during pregnancy |
| BVerfGE 38, 225-231 | Order of 13 November 1974 | 1 BvL 27/73 | Distribution of costs for the maintenance and operation of installations at railway crossings (Railway Crossings Act) |
| BVerfGE 38, 231-240 | Order of 27 November 1974 | 2 BvH 1/73 | State Treaty between the Free State of Bavaria and the Free State of Coburg (dissolution of the Forestry Office of Königsberg) |
| BVerfGE 38, 241-257 | Order of 4 December 1974 | 1 BvL 14/73 | Time limits for husbands to contest a child’s status as a legitimate child |
| BVerfGE 38, 258-281 | Judgment of 10 December 1974 | 2 BvK 1/73, 2 BvR 902/73 | Time limits for initiating abstract judicial review proceedings; provisions of the Schleswig-Holstein Municipal Code on the election of city council members who serve in this function as their primary occupation |
| BVerfGE 38, 281-312 | Order of 18 December 1974 | 1 BvR 430/65, 1 BvR 259/66 | Chambers of labour in the Saarland and Bremen |
| BVerfGE 38, 312-325 | Order of 15 January 1975 | 2 BvR 65/74 | Veterinarians have no occupation-related right to refuse to give evidence |
| BVerfGE 38, 326-341 | Order of 21 January 1975 | 2 BvR 193/74 | Restriction of executive employees’ right to stand for election if they are employed by a private company that is majority-owned by the state; Saarland Landtag Act |
| BVerfGE 38, 341-343 | Order of 21 January 1975 | 2 BvR 193/74 | Dissenting opinion of Vice-President Seuffert |
| BVerfGE 38, 343-346 | Order of 21 January 1975 | 2 BvR 193/74 | Dissenting opinion of Justice Wand |
| BVerfGE 38, 347-347 | Order of 4 February 1975 | 2 BvA 1/69 | Reimbursement of expenses in proceedings concerning a forfeiture of fundamental rights |
| BVerfGE 38, 348-372 | Judgment of 4 February 1975 | 2 BvL 5/74 | Prohibition of the misuse of residential space |
| BVerfGE 38, 373-386 | Order of 19 February 1975 | 1 BvR 38/68, 1 BvR 566/68 | Requirements regarding rules on collection points for prescriptions |
| BVerfGE 38, 386-398 | Order of 19 February 1975 | 1 BvR 418/71 | Change in the Federal Labour Court’s case-law regarding lockouts of works council members |
| BVerfGE 38, 398-404 | Order of 19 February 1975 | 1 BvR 449/74 | Right of asylum; extradition proceedings in relation to Yugoslavia; compliance with the speciality rule |
Volume 37
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 37, 1-38 | Order of 5 March 1974 | 1 BvL 27/72 | Levies payable to the ‘Stabilisation Fund for Wine’ |
| BVerfGE 37, 38-57 | Order of 19 March 1974 | 1 BvR 416/68, 1 BvR 767/68, 1 BvR 779/68 | VAT payable by hair salons, dry cleaning and laundry businesses; VAT payable by small-scale entrepreneurs; VAT for services |
| BVerfGE 37, 57-67 | Order of 27 March 1974 | 2 BvR 38/74 | Constitutional complaint against measures by Berlin courts and authorities (surrender of a person in remand detention to GDR authorities); Act on Inner-German Mutual Legal and Administrative Assistance in Criminal Matters (Mutual Legal Assistance Act); constitutional review of federal laws applicable in the Land Berlin by the Federal Constitutional Court |
| BVerfGE 37, 67-84 | Order of 2 April 1974 | 1 BvR 92/70, 1 BvR 97/70 | Review of a lawyer’s ability to appear before a court in proceedings that require parties to be represented by counsel |
| BVerfGE 37, 84-92 | Order of 2 April 1974 | 2 BvP 1/71, 2 BvP 2/71 | Electoral complaint; referendum in the former Land Baden |
| BVerfGE 37, 93-99 | Order of 2 April 1974 | 2 BvR 444/73 | Denial of the right to be heard (service of a decision ordering payment of an administrative fine in case of absence due to job-related commitments, requirements with regard to the application for reinstatement into one’s former procedural position after missing the deadline to enter a protest) |
| BVerfGE 37, 100-104 | Order of 2 April 1974 | 2 BvR 784/73 | Denial of the right to be heard (service of a decision ordering payment of an administrative fine at the place of business in case of absence due to a holiday, requirements with regard to the application for reinstatement into one’s former procedural position after missing the deadline to enter a protest) |
| BVerfGE 37, 104-121 | Order of 3 April 1974 | 1 BvR 282/73, 1 BvR 305/73 | Admission to institutions of higher education; awarding applicants a lower grade than the actual average grade in their school-leaving certificate due to a ‘malus’ provision; State Treaty on University Admissions |
| BVerfGE 37, 121-131 | Order of 23 April 1974 | 1 BvL 19/73 | Employers’ obligation to pay the difference between the maternity allowance payable by public health insurance and the net income |
| BVerfGE 37, 132-149 | Order of 23 April 1974 | 1 BvR 6/74, 1 BvR 2270/73 | Exclusion of termination with the option of continuation under altered conditions with regard to tenancy agreements and rent caps under the Act on the Protection against Dismissal of Tenants; contradiction between the application of procedural provisions of the Act on the Protection against Dismissal of Tenants concerning the enforcement of legally permissible rent increases and the guarantee of property |
| BVerfGE 37, 150-154 | Order of 24 April 1974 | 2 BvR 236/74, 2 BvR 245/74, 2 BvR 308/74 | Preliminary injunction; exhaustion of all legal remedies as a requirement for the Constitutional Court to order suspension of the execution of prison-internal disciplinary measures (aggravated detention) |
| BVerfGE 37, 154-167 | Order of 7 May 1974 | 1 BvL 6/72 | Delimitation of eligible recipients of aid to the blind under the Federal Social Assistance Act and allowance for the blind under the North Rhine-Westphalia Act on Allowances for the Blind |
| BVerfGE 37, 167-186 | Order of 7 May 1974 | 2 BvR 276/71 | Offsetting the remuneration a civil servant earned from an approved secondary occupation during his preliminary suspension from office against the subsequent payout of the remuneration from his occupation as a civil servant which had been suspended until the end of the disciplinary proceedings |
| BVerfGE 37, 186-191 | Order of 7 May 1974 | 2 BvR 276/71 | Dissenting opinion of Justice Hirsch |
| BVerfGE 37, 191-201 | Order of 7 May 1974 | 2 BvL 17/73 | State Treaty on University Admissions; local jurisdiction of administrative courts for administrative proceedings concerning decisions of the Central Office for the Allocation of Study Places |
| BVerfGE 37, 201-216 | Order of 8 May 1974 | 2 BvR 636/72 | Statutory definition of an act as a punishable criminal offence; evasion of mineral oil taxes (provisions on the untaxed storage of mineral oil in tax warehouses) |
| BVerfGE 37, 217-265 | Order of 21 May 1974 | 1 BvL 22/71, 1 BvL 21/72 | Citizenship of children born in wedlock to German mothers married to foreigners |
| BVerfGE 37, 265-270 | Order of 28 May 1974 | 2 BvR 700/72 | Change of a judge’s acquired official title; challenge to the presiding Justice of the Second Senate on the grounds of possible bias |
| BVerfGE 37, 271-305 | Order of 29 May 1974 | 2 BvL 52/71 | Judicial review proceedings due to incompatibility of European Community law with fundamental rights of the Basic Law |
| BVerfGE 37, 305-313 | Order of 11 June 1974 | 1 BvR 760/68, 1 BvR 558/69, 1 BvR 686/69 | Constitutional complaints challenging convictions based on superseded criminal law provisions in relation to demonstrations – Complaints not admitted for decision |
| BVerfGE 37, 314-324 | Order of 11 June 1974 | 1 BvR 82/71 | The right to establish private universities of applied sciences (Saarland) |
| BVerfGE 37, 324-328 | Judgment of 21 June 1974 | 1 BvQ 4/74 | Preliminary injunction; criminal liability for abortion (supplement to § 218 of the Criminal Code) |
| BVerfGE 37, 328-342 | Order of 25 June 1974 | 1 BvL 13/69, 1 BvL 23/69, 1 BvL 25/69 | Inadmissibility of a referral; requirements for reasons in the order of referral (reduction in prices for gas oil) |
| BVerfGE 37, 342-361 | Order of 25 June 1974 | 1 BvL 11/73 | North Rhine-Westphalia Act on Legal Training; counting grades awarded before the amendment act entered into force towards the final grade |
| BVerfGE 37, 361-363 | Order of 25 June 1974 | 1 BvR 187/73 | Permission to act as an adviser to a party |
| BVerfGE 37, 363-401 | Order of 25 June 1974 | 2 BvF 2/73, 2 BvF 3/73 | On the question whether an act amending a previous act that was adopted with Bundesrat consent also requires Bundesrat consent; Fourth Pension Scheme Amendment Act (flexible age limit) |
| BVerfGE 37, 401-414 | Order of 25 June 1974 | 2 BvF 2/73, 2 BvF 3/73 | Dissenting opinion of Justices v. Schlabrendorff, Geiger and Rinck |
| BVerfGE 37, 414-422 | Order of 25 June 1974 | 2 BvF 2/73, 2 BvF 3/73 | Dissenting opinion of Justice v. Schlabrendorff |
Volume 36
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 36, 1-37 | Judgment of 31 July 1973 | 2 BvF 1/73 | Basic Treaty between the Federal Republic of Germany and the German Democratic Republic |
| BVerfGE 36, 37-40 | Order of 27 August 1973 | 1 BvR 282/73, 1 BvR 295/73 | Preliminary injunction; State Treaty on University Admissions; change of the overall average Abitur grade in the Länder |
| BVerfGE 36, 41-46 | Order of 2 October 1973 | 1 BvL 7/72 | Criminal liability for homosexual acts of men over the age of 18 with men under the age of 18 |
| BVerfGE 36, 47-65 | Order of 2 October 1973 | 1 BvR 459/72, 1 BvR 477/72 | Prohibition of cash-on-delivery shipping of animals |
| BVerfGE 36, 66-72 | Order of 2 October 1973 | 1 BvR 345/73 | Stability surcharge on certain taxes |
| BVerfGE 36, 73-85 | Order of 3 October 1973 | 1 BvL 30/71 | Reduction of the rate of increase for pensions from the miners’ association pension scheme |
| BVerfGE 36, 85-89 | Order of 9 October 1973 | 2 BvR 482/72 | Denial of the right to be heard (mere informal notification of a complaint brief without verifying whether it was received) |
| BVerfGE 36, 89-92 | Order of 9 October 1973 | 2 BvR 677/72 | Reimbursement of costs in case a constitutional complaint is not admitted for decision (§ 93a(4) of the Federal Constitutional Court Act) |
| BVerfGE 36, 92-100 | Order of 10 October 1973 | 2 BvR 574/71 | Denial of the right to be heard (exclusion of submissions at the appeals stage; general reference to the submissions made in the court of first instance for the purpose of appeal proceedings) |
| BVerfGE 36, 101-101 | Order of 17 October 1973 | 1 BvL 25/61 | Reimbursement of costs incurred in the initial proceedings leading up to specific judicial review proceedings |
| BVerfGE 36, 102-119 | Order of 17 October 1973 | 1 BvR 50/71, 1 BvR 23/71, 1 BvR 93/71 | Self-employed persons cannot claim early old-age pensions or crediting of intermittent periods during which no contributions were paid through no fault of their own on the basis of voluntary contributions to public pension insurance |
| BVerfGE 36, 120-126 | Order of 17 October 1973 | 1 BvR 46/71 | Women employed by their husbands cannot claim early old-age pensions on the basis of contributions paid to redeem periods when they were not insured in public pension insurance |
| BVerfGE 36, 126-137 | Order of 17 October 1973 | 1 BvL 20/72 | Child allowance granted to the father of a child born out of wedlock under income tax law |
| BVerfGE 36, 137-139 | Order of 18 October 1973 | 2 BvR 710/73 | Preliminary injunction; suspension of aggravated detention imposed by a prison |
| BVerfGE 36, 139-144 | Order of 23 October 1973 | 2 BvC 3/73 | Electoral complaint; no right to vote for German expatriates |
| BVerfGE 36, 144-146 | Order of 23 October 1973 | 2 BvC 5/73 | Electoral complaint; identification word for constituency nominations |
| BVerfGE 36, 146-174 | Order of 14 November 1973 | 1 BvR 719/69 | On previous sexual relations with ancestors or descendants of the desired partner as an impediment to marriage |
| BVerfGE 36, 174-193 | Order of 27 November 1973 | 2 BvL 12/72, 2 BvL 3/73 | Federal Central Criminal Register; limited absorption of entries from the previous Länder Criminal Registers into the Federal Central Criminal Register; time limits for the erasure of entries; prohibition to use entries after erasure in the course of further criminal proceedings |
| BVerfGE 36, 193-212 | Order of 28 November 1973 | 2 BvL 42/71 | Members of the press’ right to refuse to provide information in criminal proceedings as an element of the rules of procedure on the right to take evidence; concurrent legislative powers of the federal legislator |
| BVerfGE 36, 212-223 | Order of 28 November 1973 | 1 BvR 13/67 | On the use of the academic titles ‘Master of Laws’ and ‘Master of Arts’ by a practising lawyer |
| BVerfGE 36, 224-230 | Order of 11 December 1973 | 2 BvL 16/69 | Determining the tax rate for coffee extract in an ordinance |
| BVerfGE 36, 230-237 | Order of 11 December 1973 | 2 BvL 47/71 | Calculation of the net income as the basis for the compensation of lost income during military reserve training |
| BVerfGE 36, 237-247 | Order of 12 December 1973 | 1 BvL 19/72 | Subsequent payment of contributions by female employees to redeem their pension claims if they had upon their marriage been reimbursed for previous contributions to public pension insurance |
| BVerfGE 36, 247-258 | Order of 12 December 1973 | 1 BvL 19/72 | Dissenting opinion of Justice Rupp-v. Brünneck |
| BVerfGE 36, 258-264 | Order of 12 December 1973 | 2 BvL 4/72 | Inadmissibility of a referral; substantiating the relevance of referred questions (coercive detention to enforce an administrative fine under the Act on Regulatory Offences) |
| BVerfGE 36, 264-281 | Order of 12 December 1973 | 2 BvR 558/73 | Excessive workload of the Regional Court’s division for particularly serious offences is not an important reason that could justify keeping a person in remand detention for more than six months after the opening of main proceedings in a criminal case |
| BVerfGE 36, 281-298 | Order of 15 January 1974 | 1 BvL 5/70, 1 BvL 6/70, 1 BvL 9/70 | Applying the amended provisions on access to files in the patent granting procedure to patent applications filed before the Patent Amendment Act entered into force |
| BVerfGE 36, 298-308 | Order of 15 January 1974 | 2 BvL 9/73 | Three-day statutory time limit for lodging a protest against a default judgment of a labour court |
| BVerfGE 36, 308-309 | Order of 29 January 1974 | 1 BvR 536/72 | On whether the expenses for attending the delivery of a judgment in person are reimbursable in proceedings concerning constitutional complaints |
| BVerfGE 36, 310-314 | Order of 12 February 1974 | 1 BvR 355/72 | Denial of a preliminary injunction (labelling of wine spirits made from wine) |
| BVerfGE 36, 314-321 | Order of 13 February 1974 | 2 BvL 11/73 | Members of the press’ right to refuse to provide information in criminal proceedings as an element of the rules of procedure on the right to take evidence; concurrent legislative powers of the federal legislator |
| BVerfGE 36, 321-342 | Judgment of 5 March 1974 | 1 BvR 712/68 | Application of the full VAT rate to revenue from record sales |
| BVerfGE 36, 342-372 | Order of 29 January 1974 | 2 BvN 1/69 | Validity of a provision in the Constitution of a federal state (Land) if its content corresponds to the content of a provision in the Basic Law |
| BVerfGE 36, 372-383 | Order of 19 February 1974 | 2 BvL 11/72 | Granting an additional allowance to judges employed on a trial basis (Rhineland-Palatinate) |
| BVerfGE 36, 383-401 | Order of 5 March 1974 | 1 BvL 17/72 | Equalisation of burdens between trade associations and the association for seafaring employees in statutory accident insurance |
Volume 35
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 35, 1-5 | Order of 27 March 1973 | 2 BvR 311/72 | No recognised legal interest in lodging a constitutional complaint concerning a restriction during remand detention after the end of remand detention |
| BVerfGE 35, 5-11 | Order of 27 March 1973 | 2 BvR 664/72 | Restrictions may only be imposed on prisoners on remand if there are specific indications for an abuse of an item entrusted to them |
| BVerfGE 35, 12-14 | Order of 27 March 1973 | 2 BvR 820/72 | Preliminary injunction proceedings; on whether persons entitled to submit a statement in constitutional complaint proceedings under § 94(3) of the Federal Constitutional Court Act may lodge a protest in the related preliminary injunction proceedings |
| BVerfGE 35, 14-23 | Order of 28 March 1973 | 2 BvR 358/68 | Double bounty on exports within the scope of the sales tax law applicable until 31 December 1967 (export of seagoing vessels) |
| BVerfGE 35, 23-34 | Order of 28 March 1973 | 2 BvL 50/71 | Hesse Civil Service Act; exclusion of non-pensionable allowances from the calculation of the emeritus pensions of professors released from their obligations due to exceeding the age limit |
| BVerfGE 35, 34-35 | Order of 11 April 1973 | 2 BvR 872/71 | Objection to a cost fixing order; no procedural hearing fee for lawyers if constitutional complaint proceedings are concluded without an oral hearing |
| BVerfGE 35, 35-40 | Order of 11 April 1973 | 2 BvR 701/72 | On the retention of a remand prisoner’s letter to his wife containing offensive criticism regarding the relevant criminal proceedings and the judges involved therein |
| BVerfGE 35, 41-51 | Order of 8 May 1973 | 2 BvL 5/72, 2 BvL 6/72, 2 BvL 7/72, 2 BvL 13/72 | On whether the fault on the part of a party’s authorised representative with regard to missing the deadline to lodge an appeal can be attributed to the represented party even in parent and child matters |
| BVerfGE 35, 51-65 | Order of 8 May 1973 | 2 BvL 5/72, 2 BvL 6/72, 2 BvL 7/72, 2 BvL 13/72 | Dissenting opinion of Justice v. Schlabrendorff |
| BVerfGE 35, 65-78 | Order of 9 May 1973 | 2 BvL 43/71, 2 BvL 44/71 | Compatibility of Art. 10 a (1) nos. 1 and 2 of the Bavarian Act Implementing the Code of Administrative Court Procedure with § 68(1) second sentence of the Code of Administrative Court Procedure (abolition of objection in administrative proceedings) |
| BVerfGE 35, 79-148 | Judgment of 29 May 1973 | 1 BvR 424/71, 1 BvR 325/72 | Co-determination at institutions of higher education |
| BVerfGE 35, 148-170 | Judgment of 29 May 1973 | 1 BvR 424/71, 1 BvR 325/72 | Dissenting opinion of Justices Simon and Rupp-v. Brünneck |
| BVerfGE 35, 171-177 | Order of 29 May 1973 | 2 BvQ 1/73 | Basic Treaty; first application challenging Justice Dr. Rottmann on the grounds of possible bias |
| BVerfGE 35, 177-178 | Order of 30 May 1973 | 1 BvR 155/73 | Preliminary injunction; immediate execution of a deportation order (Jordanian national) |
| BVerfGE 35, 179-184 | Order of 30 May 1973 | 2 BvL 37/71 | Authorisation to determine lump-sum rates for import levies on tobacco products |
| BVerfGE 35, 185-192 | Order of 30 May 1973 | 2 BvL 4/73 | Remand detention; risk of repeat offences as grounds for detention |
| BVerfGE 35, 193-202 | Order of 4 June 1973 | 2 BvQ 1/73 | Preliminary injunction; Basic Treaty; rejection of the Bavarian Land Government’s first application to suspend the ratification procedure |
| BVerfGE 35, 202-245 | Judgment of 5 June 1973 | 1 BvR 536/72 | TV docudrama on a crime; freedom of reporting and protection of personality rights of offenders (murder of soldiers in Lebach) |
| BVerfGE 35, 246-257 | Order of 16 June 1973 | 2 BvF 1/73, 2 BvQ 1/73 | Basic Treaty; second application challenging Justice Dr. Rottmann on the grounds of possible bias |
| BVerfGE 35, 246-257 | Order of 16 June 1973 | 2 BvF 1/73, 2 BvQ 1/73 | Dissenting opinion of Justices Seuffert, Hirsch and Rupp |
| BVerfGE 35, 257-263 | Judgment of 18 June 1973 | 2 BvQ 1/73 | Preliminary injunction; Basic Treaty; rejection of the Bavarian Land Government’s second application to suspend the ratification procedure |
| BVerfGE 35, 263-280 | Order of 19 June 1973 | 1 BvL 39/69, 1 BvL 14/72 | Unavailability of recourse to a complaint against a decision by the administrative court restoring the suspensive effect of a rescissory action (administrative order in favour of a different authority within the same corporation under public law - § 80(6) second sentence of the Code of Administrative Court Procedure -); complaint against decisions restoring the suspensive effect of administrative acts with ‘double effect’, i.e. affecting not only the addressee of the act but also third parties (actions brought by neighbours pertaining to building law) |
| BVerfGE 35, 280-282 | Order of 19 June 1973 | 1 BvR 206/73 | Preliminary injunction; rejection of an application for suspension of the exchange of instruments of ratification pertaining to the Basic Treaty |
| BVerfGE 35, 283-296 | Order of 20 June 1973 | 1 BvL 9/71, 1 BvL 10/71 | Reimbursement of costs from ‘isolated’ non-judicial preliminary proceedings without subsequent court proceedings under the Reich Fiscal Code |
| BVerfGE 35, 296-299 | Order of 20 June 1973 | 2 BvR 675/72 | Denial of the right to be heard (missing the deadline to enter a protest against a decision ordering payment of an administrative fine that was served by depositing the decision at the post office during the addressee’s holiday) |
| BVerfGE 35, 300-302 | Order of 20 June 1973 | 2 BvC 1/73 | Electoral complaint; informing a prisoner of the possibilities to participate in the elections while in prison; lack of causality between an alleged electoral error and the allocation of seats in the Bundestag |
| BVerfGE 35, 302-303 | Order of 20 June 1973 | 2 BvC 2/73 | Electoral complaint; failure to meet the time limit |
| BVerfGE 35, 303-306 | Order of 20 June 1973 | 2 BvL 8/73 | Inadmissibility of an order of referral (failure to substantiate facts of legal significance and the relevance of the referred questions; Employment Promotion Act) |
| BVerfGE 35, 307-311 | Order of 27 March 1973 | 2 BvR 684/72 | Use of a portable TV in remand detention |
| BVerfGE 35, 311-324 | Order of 16 May 1973 | 2 BvR 590/71 | Confiscation of a letter addressed to a remand prisoner containing serious insults directed against the judiciary |
| BVerfGE 35, 324-347 | Order of 3 July 1973 | 1 BvR 368/65, 1 BvR 369/65 | On the relevance of capital claims granted to a person liable to make restitution in the context of such restitution for the calculation of assets subject to the equalisation of burdens |
| BVerfGE 35, 348-363 | Order of 3 July 1973 | 1 BvR 153/69 | Legal aid for domestic legal entities |
| BVerfGE 35, 363-365 | Order of 3 July 1973 | 1 BvQ 2/73, 1 BvQ 3/73, 1 BvQ 4/73, 1 BvQ 5/73 | Preliminary injunction; limiting sales tax privileges for blind business owners in mineral oil and petrol trade |
| BVerfGE 35, 366-376 | Order of 17 July 1973 | 1 BvR 308/69 | Crosses in court rooms |
| BVerfGE 35, 377-378 | Order of 17 July 1973 | 1 BvR 764/70, 1 BvR 215/71, 1 BvR 298/71 | Relaxation of restrictions on voting rights for shareholders of Volkswagenwerk-AG |
| BVerfGE 35, 379-381 | Order of 17 July 1973 | 1 BvQ 8/73 | Preliminary injunction; payroll tax |
| BVerfGE 35, 382-409 | Order of 18 July 1973 | 1 BvR 23/73, 1 BvR 155/73 | Immediate execution of deportation orders (Arab nationals) |
Volume 34
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 34, 1-9 | Order of 19 July 1972 | 2 BvR 872/71 | Denial of the right to be heard (rectification order - Code of Administrative Court Procedure - decision without hearing the parties to the proceedings) |
| BVerfGE 34, 9-47 | Judgment of 26 July 1972 | 2 BvF 1/71 | Core competences of the Länder within the Federation; full constitutional review of ‘federalism-friendly conduct’ when exercising concurrent legislative powers in relation to the remuneration and pensions of civil servants of the Länder; provisions authorising the adoption of a law must be in force at the time the adopted law is promulgated at the latest; initiation of federal legislative proceedings in an area subject to concurrent legislative powers excludes competences of the Länder; First (Federal) Act on the Harmonisation and Revision of the Law Governing the Remuneration of Civil Servants; First Hesse Act Amending the Remuneration of Civil Servants |
| BVerfGE 34, 48-52 | Order of 26 July 1972 | 2 BvL 45/71 | No disbursement of full child supplement to the wife |
| BVerfGE 34, 52-62 | Order of 10 October 1972 | 2 BvL 51/69 | On the authorisation of the imposition of examination fees in the Hesse Judiciary Act |
| BVerfGE 34, 62-70 | Order of 11 October 1972 | 1 BvR 288/70 | Mandatory contributions to the pension scheme for craftspeople regardless of their individual income |
| BVerfGE 34, 71-81 | Order of 11 October 1972 | 1 BvL 2/71 | Certificate of competence pursuant to the Act on the Retail Sector (licence limited to certain type of goods) |
| BVerfGE 34, 81-103 | Order of 11 October 1972 | 2 BvR 912/71 | Constitutional complaint against decisions on electoral scrutiny made by courts specifically established for this task or by those Constitutional Courts of the Länder competent in this regard; exclusion from the distribution of residual votes due to the distribution key unfolds a preclusive effect exceeding the effect of the 5% electoral threshold clause (Rhineland-Palatinate) |
| BVerfGE 34, 103-118 | Order of 7 November 1972 | 1 BvR 338/68 | The remuneration of supervisory board members may not be deducted so as to diminish the profits subject to corporation tax |
| BVerfGE 34, 118-137 | Order of 7 November 1972 | 1 BvL 4/71, 1 BvL 17/71, 1 BvL 10/72, 1 BvR 355/71 | Exclusion of the claim to compensation for pain and suffering in § 636(1) first sentence and § 637(1) of the Reich Insurance Code |
| BVerfGE 34, 138-139 | Order of 7 November 1972 | 1 BvR 280/71 | Rejection of a lawyer as authorised representative for appearing in incomplete official attire |
| BVerfGE 34, 139-154 | Order of 8 November 1972 | 1 BvL 15/68, 1 BvL 26/69 | Disregarding costs for through-roads when determining the costs of development pursuant to § 128(3) no. 2 of the Federal Building Act |
| BVerfGE 34, 154-157 | Order of 16 November 1972 | 2 BvR 21/72 | Denial of the right to be heard (reinstatement into one’s former procedural position after missing the deadline to enter a protest due to temporary absence) |
| BVerfGE 34, 157-160 | Order of 16 November 1972 | 2 BvR 280/72 | Denial of the right to be heard (failure to hear the respondent) |
| BVerfGE 34, 160-164 | Order of 17 November 1972 | 2 BvR 820/72 | Preliminary injunction; refusal of the public broadcaster ARD to grant additional broadcasting time to the political party Nationaldemokratische Partei Deutschlands (NPD) |
| BVerfGE 34, 165-200 | Judgment of 6 December 1972 | 1 BvR 230/70, 1 BvR 95/71 | Mandatory attendance of a facilitating stage during Years 5 and 6 in schools in Hesse to foster the capacities and better assess the aptitudes of all pupils |
| BVerfGE 34, 201-203 | Order of 17 January 1973 | 2 BvC 5/70 | Mootness of an electoral complaint due to dissolution of the Bundestag |
| BVerfGE 34, 204-205 | Order of 17 January 1973 | 2 BvR 335/72 | Constitutional complaint with regard to a violation of the right to be heard in proceedings with an arbitration decision |
| BVerfGE 34, 205-211 | Order of 18 January 1973 | 2 BvR 483/72 | Requesting divorce files and releasing them in disciplinary proceedings to an expert for the purpose of providing an opinion on the disciplinary responsibility of a civil servant |
| BVerfGE 34, 211-216 | Order of 24 January 1973 | 1 BvR 16/73 | Denial of a preliminary injunction (immediate execution of a deportation order) |
| BVerfGE 34, 216-238 | Judgment of 30 January 1973 | 2 BvH 1/72 | Unlimited guarantees made under a state treaty are subject to the doctrine of clausula rebus sic stantibus which constitutes unwritten constitutional law; adaptation of state treaties due to change of circumstances; State Treaty between the Free State of Bavaria and the Free State of Coburg on the unification of Coburg with Bavaria |
| BVerfGE 34, 238-251 | Order of 31 January 1973 | 2 BvR 454/71 | Violation of the right of personality due to a tape recording without consent; use of a secretly made private tape recording in criminal proceedings |
| BVerfGE 34, 252-257 | Order of 1 February 1973 | 1 BvR 426/72, 1 BvR 434/72, 1 BvR 451/72, inter alia | Harmonisation of tax consulting professions |
| BVerfGE 34, 257-260 | Order of 13 February 1973 | 1 BvL 21/71 | On the content of and required signatures for an order of referral; substantiation of the relevant facts of the case and the relevant legal considerations (Maternity Protection Act; Higher Labour Court) |
| BVerfGE 34, 261-269 | Order of 13 February 1973 | 2 BvL 8/71 | No criminal fine in lieu of imprisonment for persons refusing to partake in mandatory alternative civilian service |
| BVerfGE 34, 269-293 | Order of 14 February 1973 | 1 BvR 112/65 | Financial compensation may also be claimed for non-material damage in case of a serious violation of the general right of personality |
| BVerfGE 34, 293-307 | Order of 14 February 1973 | 2 BvR 667/72 | Rejecting the defence lawyer on grounds of the suspicion that they were complicit in the criminal offence the suspect allegedly committed |
| BVerfGE 34, 307-320 | Order of 27 February 1973 | 2 BvL 27/69 | Binding determination of fees and other contractual obligations by homeworking committees as a rule of law of the same status as legal rules in collective bargaining agreements |
| BVerfGE 34, 320-325 | Order of 27 February 1973 | 2 BvL 8/72, 2 BvL 9/72 | No court decision may be subject to the condition that the Federal Constitutional Court does not retroactively declare the relevant provision to be unconstitutional; mandatory referral to the Federal Constitutional Court if courts deem post-constitutional provisions to be unconstitutional (§ 1(4), § 19 of the Home Work Act) |
| BVerfGE 34, 325-334 | Order of 28 February 1973 | 2 BvR 487/71 | Admission of a lawyer to the bar association with receipt of accreditation certificate despite the fact that he was not sworn in yet; power of representation before the Higher Regional Court in compensation cases if the lawyer already acted as counsel before the Regional Court in the same case |
| BVerfGE 34, 335-338 | Order of 28 February 1973 | 2 BvR 587/72 | Inadmissibility of a constitutional complaint against decisions on the reinstatement into one’s former procedural position in protest proceedings as long as no decision on the protest has been made |
| BVerfGE 34, 338-341 | Order of 13 March 1973 | 1 BvR 471/70 | Constitutional complaint only admissible if the complainant is affected by a law not just economically but also legally (prohibition to publicise vacancy adverts or job searches on radio and TV) |
| BVerfGE 34, 341-344 | Order of 13 March 1973 | 1 BvR 536/72 | Preliminary injunction against public broadcaster ZDF (broadcast of a docudrama) |
| BVerfGE 34, 344-348 | Order of 13 March 1973 | 2 BvR 484/72 | Violation of the right to be heard; failure to take into account a statement of the respondent |
| BVerfGE 34, 348-369 | Order of 28 February 1973 | 2 BvL 19/70 | Council Regulation (EEC) on the gradual establishment of a common organisation of the market in cereals; calculation and publication of the rate of levy by the Authority for the Import and Stocking of Grain and Feedingstuffs; change of the rate of levy |
| BVerfGE 34, 369-384 | Order of 14 March 1973 | 2 BvR 768/71, 2 BvR 832/71 | Restricting the receipt of packages for prisoners on remand |
| BVerfGE 34, 384-404 | Order of 14 March 1973 | 2 BvR 621/72, 2 BvR 622/72, 2 BvR 635/72, 2 BvR 912/72 | Imposing a general restriction on visitor privileges and postal correspondence of prisoners on remand |
Volume 33
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 33, 1-18 | Order of 14 March 1972 | 2 BvR 41/71 | Restriction of prisoners’ fundamental rights |
| BVerfGE 33, 18-23 | Order of 14 March 1972 | 2 BvR 60/71 | Constitutional complaints against administrative measures only admissible if they contain a substantive decision with direct external effects |
| BVerfGE 33, 23-35 | Order of 11 April 1972 | 2 BvR 75/71 | Protection of a religious conviction due to which a witness in criminal proceedings also refuses to take the oath without religious affirmation |
| BVerfGE 33, 35-42 | Order of 11 April 1972 | 2 BvR 75/71 | Dissenting opinion of Justice v. Schlabrendorff |
| BVerfGE 33, 42-44 | Order of 11 April 1972 | 2 BvF 2/72 | Application in the Organstreit proceedings between the East German ‘Länder’ and the Federation by the ‘Emergency Administration of the German East’ |
| BVerfGE 33, 44-52 | Order of 12 April 1972 | 2 BvR 704/70 | Offsetting remuneration from a secondary occupation against the subsistence allowance of a legal trainee (Bavaria) |
| BVerfGE 33, 52-90 | Order of 25 April 1972 | 1 BvL 13/67 | Ban on the import of movies with content that inter alia takes a belligerent stance against the free democratic basic order; freedom of the arts and state security; censorship: censorship prior to publication (pre-censoring) |
| BVerfGE 33, 52-90 | Order of 25 April 1972 | 1 BvL 13/67 | Dissenting opinion of Justices Rupp-v. Brünneck and Simon |
| BVerfGE 33, 90-106 | Order of 25 April 1972 | 1 BvL 38/69, 1 BvL 25/70, 1 BvL 20/71 | Different treatment of persons liable to wage tax who are not subject to further assessment by the tax office as opposed to persons liable to income tax who are subject to such assessment with regard to child allowance granted for children born during the last four months of the tax year (Income Tax Act 1965 and 1967) |
| BVerfGE 33, 106-115 | Order of 25 April 1972 | 1 BvL 30/70 | Different treatment of persons liable to wage tax who are not subject to further assessment by the tax office as opposed to persons liable to income tax who are subject to such assessment with regard to child allowance granted for children who reach the age of 27 during the first four months of the tax year |
| BVerfGE 33, 115-125 | Order of 25 April 1972 | 1 BvL 14/71 | Only partial child allowance for children born during the last four months of the tax year (Income Tax Act 1967) |
| BVerfGE 33, 125-171 | Order of 9 May 1972 | 1 BvR 518/62, 1 BvR 308/64 | Regulations on specialist doctors in statutes of the medical associations |
| BVerfGE 33, 171-192 | Order of 10 May 1972 | 1 BvR 286/65, 1 BvR 293/65, 1 BvR 295/65 | Standard for the distribution of honorarium rates for statutory health insurance-affiliated physicians; the autonomy of an association of statutory health insurance physicians to establish their own statutes |
| BVerfGE 33, 192-195 | Order of 10 May 1972 | 2 BvR 644/71 | Violation of the right to be heard in criminal proceedings; subsidiarity of the constitutional complaint to the possibilities under § 33a of the Code of Criminal Procedure |
| BVerfGE 33, 195-199 | Order of 22 May 1972 | 1 BvR 203/72, 1 BvQ 2/72 | Application for a preliminary injunction in relation to treaties with countries of Eastern Europe |
| BVerfGE 33, 199-205 | Order of 30 May 1972 | 1 BvL 21/69, 1 BvL 18/71 | Referrals pursuant to Art.100(1) first sentence of the Basic Law pertaining to issues that have already been decided by the Federal Constitutional Court |
| BVerfGE 33, 206-224 | Order of 30 May 1972 | 2 BvO 1/69, 2 BvO 2/69, 2 BvO 1/70, 2 BvO 2/70 | No continued applicability of § 26(1) of the Weapons Act 1938 as federal law |
| BVerfGE 33, 224-232 | Order of 30 May 1972 | 2 BvL 41/71 | Building without a permit as an administrative offence (North Rhine-Westphalia) |
| BVerfGE 33, 232-235 | Order of 31 May 1972 | 1 BvR 249/72, 1 BvQ 6/72 | Application for a preliminary injunction in relation to treaties with countries of Eastern Europe |
| BVerfGE 33, 236-240 | Order of 13 June 1972 | 1 BvR 421/69 | Preferential treatment of parents with regard to the appointment of a curator for their children (§ 1913 of the Civil Code); parents’ right to lodge a complaint if they are disregarded |
| BVerfGE 33, 240-247 | Order of 27 June 1972 | 1 BvL 34/70 | Limitation of compensation for an expert opinion |
| BVerfGE 33, 247-265 | Order of 28 June 1972 | 1 BvR 105/63, 1 BvR 275/68 | No constitutional complaint against a court decision if the complainant is only affected by the decision on costs at this point; a constitutional complaint against court decisions that dismissed a claim as inadmissible due to the temporary ban on legal actions pursuant to § 3(2) of the General Act on the Consequences of the War becomes inadmissible when the ban is no longer applicable |
| BVerfGE 33, 265-303 | Order of 5 July 1972 | 2 BvL 6/66, 2 BvL 28/69, 2 BvL 3/70, inter alia | Contribution to the construction of public roads in Hamburg; compatibility with the Federal Building Act |
| BVerfGE 33, 303-358 | Judgment of 18 July 1972 | 1 BvL 32/70, 1 BvL 25/71 | Absolute restrictions on admissions to medical school (numerus clausus) |
| BVerfGE 33, 358-367 | Order of 19 July 1972 | 2 BvL 22/68 | Fees for ante- and post-mortem inspection of animals at the slaughterhouse (Lower Saxony); constitutionality of the statutory basis authorising the issuance of ordinances on fees |
| BVerfGE 33, 367-387 | Order of 19 July 1972 | 2 BvL 7/71 | Right to refuse to give evidence for social workers |
Volume 32
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 32, 1-39 | Order of 28 July 1971 | 1 BvR 40/69, 1 BvR 47/69, 1 BvR 47/69, inter alia | Pre-examined pharmaceutical assistants; voidness of the transitional legal framework in the Act on Pharmaceutical-Technical Assistants and in the Ordinance on the Operation of Pharmacies |
| BVerfGE 32, 40-51 | Order of 12 October 1971 | 2 BvR 65/71 | Imposition of youth detention after recognition as a conscientious objector due to insubordination prior to said recognition |
| BVerfGE 32, 51-53 | Order of 12 October 1971 | 2 BvR 65/71 | Dissenting opinion of Justices Geller and Rupp |
| BVerfGE 32, 53-54 | Order of 12 October 1971 | 2 BvR 65/71 | Dissenting opinion of Vice-President Seuffert |
| BVerfGE 32, 54-77 | Order of 13 October 1971 | 1 BvR 280/66 | The term ‘home’ within the meaning of Art. 13(1) of the Basic Law also includes work, commercial and business premises; interpretation of the terms ‘interferences and restrictions’ within the meaning of Art. 13(3) of the Basic Law |
| BVerfGE 32, 78-86 | Order of 13 October 1971 | 1 BvL 10/69 | Minimum taxable assets of stock corporations |
| BVerfGE 32, 87-98 | Order of 13 October 1971 | 2 BvR 233/71 | Issuance of an arrest warrant against an accused for failing to attend the oral hearing in appellate proceedings; principle of proportionality |
| BVerfGE 32, 98-111 | Order of 19 October 1971 | 1 BvR 387/65 | The fundamental right to freedom of faith’s permeating effect (Ausstrahlungswirkung) on the criminal sanctioning of a failure to render aid or assistance |
| BVerfGE 32, 111-129 | Order of 20 October 1971 | 1 BvR 757/66 | Exemption of ‘Austrian cases’ from the compensation granted for damages incurred due to persecution in expulsion areas |
| BVerfGE 32, 129-144 | Order of 20 October 1971 | 1 BvR 757/66 | Dissenting opinion of Justice Rupp-v. Brünneck |
| BVerfGE 32, 145-156 | Order of 21 October 1971 | 2 BvL 6/69, 2 BvL 15/70, 2 BvL 20/70, inter alia | Administration of transportation tax (tax offices) |
| BVerfGE 32, 157-173 | Order of 21 October 1971 | 2 BvR 367/69 | Hesse Act on Parliamentary Allowances; pension for members of parliament (reference date for eligibility) |
| BVerfGE 32, 173-195 | Order of 4 November 1971 | 2 BvR 493/66 | Compensation pursuant to the Federal Act on Compensation for Injustices Suffered by Members of the Public Service at the Hands of the National Socialists because a professorial candidate who fulfilled the essential requirements could not complete the procedure necessary to be awarded the authorisation to teach (venia legendi) due to persecution by the Nazi regime |
| BVerfGE 32, 195-198 | Order of 4 November 1971 | 2 BvR 767/70 | Denial of the right to be heard (proceedings on disciplinary sanctions before a disciplinary and complaints court of the armed forces; notification of taking of evidence) |
| BVerfGE 32, 199-227 | Judgment of 15 November 1971 | 2 BvF 1/70 | Hesse Act on the Remuneration of Judges and Prosecutors (remuneration; official title) |
| BVerfGE 32, 227-242 | Judgment of 15 November 1971 | 2 BvF 1/70 | Dissenting opinion of Justices Geller, Rupp and Wand |
| BVerfGE 32, 242-249 | Judgment of 15 November 1971 | 2 BvF 1/70 | Dissenting opinion of Justice Geiger |
| BVerfGE 32, 249 | Judgment of 15 November 1971 | 2 BvF 1/70 | Dissenting opinion of Justices Seuffert, Leibholz and Rinck |
| BVerfGE 32, 249-256 | Order of 16 November 1971 | 1 BvR 247/68 | Exemption of ‘Austrian cases’ from the compensation granted for damages incurred due to persecution in expulsion areas (‘Old Austrians’, i.e. displaced persons who had Austrian citizenship before the annexation of Austria) |
| BVerfGE 32, 256-260 | Order of 16 November 1971 | 1 BvL 29/70, 1 BvL 11/71 | Inadmissibility of a referral seeking specific judicial review; penal provision on begging as pre-constitutional law |
| BVerfGE 32, 260-273 | Order of 25 January 1972 | 1 BvL 30/69 | Special expenses claimed by married couples |
| BVerfGE 32, 273-279 | Order of 25 January 1972 | 1 BvL 3/70 | Protection against dismissal under the Maternity Protection Act; missing the deadline to notify the employer of pregnancy due to responsibility (intent or negligence) of the employee |
| BVerfGE 32, 279-288 | Order of 25 January 1972 | 1 BvL 1/71 | Refund of paid motor vehicle taxes in case the tax liability of the concerned vehicle ends prematurely |
| BVerfGE 32, 288-295 | Order of 25 January 1972 | 2 BvA 1/69 | Challenge to a Justice of the Federal Constitutional Court on the grounds of possible bias |
| BVerfGE 32, 296-305 | Order of 26 January 1972 | 1 BvL 3/71 | § 1300 of the Civil Code as a pre-constitutional provision |
| BVerfGE 32, 305-311 | Order of 26 January 1972 | 2 BvR 255/67 | Forfeiture of the right to legal recourse to the courts pursuant to Art. 19(4) first sentence of the Basic Law |
| BVerfGE 32, 311-319 | Order of 8 February 1972 | 1 BvR 170/71 | Scope of the Federal Constitutional Court’s review of decisions within the purview of private law (§ 1 of the Act Against Unfair Competition) |
| BVerfGE 32, 319-332 | Order of 9 February 1972 | 1 BvR 111/68 | On the Land legislator’s competence to enact provisions on outdoor advertising within built-up areas |
| BVerfGE 32, 333-344 | Order of 9 February 1972 | 1 BvL 16/69 | On the compatibility of income and corporation surtaxes with the Basic Law |
| BVerfGE 32, 345-346 | Order of 12 February 1972 | 1 BvR 92/71, 1 BvR 96/71 | Parties entitled to submit statements in the proceedings do not have the right to lodge a protest against a preliminary injunction in constitutional complaint proceedings |
| BVerfGE 32, 346-365 | Order of 23 February 1972 | 2 BvL 36/71 | Penal provisions in municipal statutes; limits of criminal liability, nature and maximum extent of punishments must be foreseeable based on the statutory basis authorising the adoption of such provisions |
| BVerfGE 32, 365-373 | Order of 8 March 1972 | 1 BvR 674/70 | Submitting a constitutional complaint by telegram; payment of widow’s pensions until the end of the third calendar month after the end of the month in which the spouse died (death quarter) if the deceased was entitled to pensions paid by public pension insurance due to inability to practise his former occupation |
| BVerfGE 32, 373-387 | Order of 8 March 1972 | 2 BvR 28/71 | Seizing the patient file of a person charged with a criminal offence from a doctor who has taken over the practice and patient records of the doctor who previously treated that person |
| BVerfGE 32, 387-390 | Order of 14 March 1972 | 2 BvL 35/71 | Inadmissibility of a referral for specific judicial review due to irrelevance of the referred questions because the legal relationship subject to the challenged provision has been concluded; transfer of remuneration from a civil servant’s secondary occupation to his public sector employer (Lower Saxony Civil Service Act) |
Volume 31
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 31, 1-8 | Order of 31 March 1971 | 1 BvL 9/68 | Widower’s claim to refund of social security contributions in a case where his previously insured deceased wife had not completed the waiting period |
| BVerfGE 31, 8-32 | Order of 1 April 1971 | 1 BvL 22/67 | Lump-sum tax for slot machines (North Rhine-Westphalia) |
| BVerfGE 31, 33-43 | Order of 27 April 1971 | 2 BvR 708/65 | Judicial review of the permit granted to the Deutsche Bundesbahn (German Federal Railway) authorising the introduction of exceptional rates for the transport of fuel oils |
| BVerfGE 31, 43-46 | Order of 27 April 1971 | 2 BvL 31/71 | Judicial investigations upon application by the public prosecution office (§ 162(1) of the Code of Criminal Procedure) |
| BVerfGE 31, 47-54 | Order of 28 April 1971 | 2 BvL 14/70, 2 BvL 27/71 | Inadmissibility of a referral for specific judicial review (Hesse Act on the Remuneration of Judges; composition of the local court’s presidium; change of official titles) |
| BVerfGE 31, 55-57 | Order of 4 May 1971 | 1 BvR 761/67 | No constitutional complaint against decisions of a Grand Senate (Federal Labour Court) |
| BVerfGE 31, 58-87 | Order of 4 May 1971 | 1 BvR 636/68 | Fundamental rights of the Basic Law as the relevant standard of review for provisions of German private international law and for the application of the foreign provisions that consequently apply; freedom of marriage (marriage between a Spanish citizen and a German citizen who had previously been divorced before a German court) |
| BVerfGE 31, 87-94 | Order of 4 May 1971 | 1 BvR 96/71 | Parties entitled to submit statements in constitutional complaint proceedings do not have the right to lodge a protest in preliminary injunction proceedings |
| BVerfGE 31, 94-100 | Order of 4 May 1971 | 2 BvL 8/66 | Reduction of widow’s pension in case of a significant age difference between spouses (Saarland Civil Service Act); application of the provisions on such reduction to beneficiaries who were already entitled to widow’s pensions before the Act entered into force |
| BVerfGE 31, 101-100 | Order of 4 May 1971 | 2 BvL 8/66 | Dissenting opinion of Vice-President Seuffert |
| BVerfGE 31, 101-112 | Order of 4 May 1971 | 2 BvL 21/68 | Exclusion of a stepfather’s claim to child supplement for a child born outside of marriage but living in his home if the child supplement is already claimed by the biological father |
| BVerfGE 31, 113-119 | Order of 4 May 1971 | 2 BvL 10/70 | Preliminary ban of a publication that is harmful to minors |
| BVerfGE 31, 119-136 | Order of 18 May 1971 | 1 BvL 7/69, 1 BvL 8/69 | Taxation of jukeboxes on the basis of the originally paid purchase price (North Rhine-Westphalia) |
| BVerfGE 31, 137-141 | Order of 8 June 1971 | 2 BvL 17/70 | Extent of the accused’s obligation to bear costs in case the judge sets down a date for a main hearing instead of issuing the summary penalty order sought by the public prosecution office |
| BVerfGE 31, 141-145 | Order of 8 June 1971 | 2 BvL 10/71 | Invalidity of a former Land law provision imposing an administrative fine for building without permit due to its incompatibility with § 367(1) no. 15 of the Criminal Code (see also BVerfGE 29, 11-18) |
| BVerfGE 31, 145-180 | Order of 9 June 1971 | 2 BvR 225/69 | Decision by the competent national court on the incidental question whether a national provision of ordinary law is compatible with a provision of EC law, which takes precedence (VAT compensation tax on imported powdered milk) |
| BVerfGE 31, 181-184 | Order of 9 June 1971 | 2 BvR 114/71, 2 BvR 127/71 | Violation of the right to one’s lawful judge (invalid election of lay judges) |
| BVerfGE 31, 185-194 | Order of 15 June 1971 | 1 BvR 88/69, 1 BvR 496/69 | Suspension of claims to old-age pensions from the public pension insurance in case they coincide with unemployment benefits |
| BVerfGE 31, 194-212 | Order of 15 June 1971 | 1 BvR 192/70 | On the scope of the guardianship court’s competence to rule on the right to personal contact between a divorced parent who does not have custody and their child |
| BVerfGE 31, 212-221 | Order of 22 June 1971 | 2 BvL 10/69 | Constitutionality of § 91a of the Military Pensions Act (limitation of claims due to harm suffered in the course of military service) |
| BVerfGE 31, 222-229 | Order of 22 June 1971 | 2 BvL 6/70 | Change of the competent court for actions concerning sales contracts to be fulfilled through payment by instalments; application of the changed provision to contracts concluded prior to its entry into force |
| BVerfGE 31, 229-248 | Order of 7 July 1971 | 1 BvR 765/66 | Inclusion of works protected by copyright in collections for use by churches, schools and in lessons |
| BVerfGE 31, 248-255 | Order of 7 July 1971 | 1 BvR 764/66 | Rental of copies of works protected by copyright (‘library penny’) |
| BVerfGE 31, 255-270 | Order of 7 July 1971 | 1 BvR 775/66 | Authors’ claim to remuneration against manufacturers of tape recorders |
| BVerfGE 31, 270-275 | Order of 7 July 1971 | 1 BvR 276/71 | Provision on school broadcasts in copyright law |
| BVerfGE 31, 275-295 | Order of 8 July 1971 | 1 BvR 766/66 | Transition of the copyright of performing artists to a right related but not equivalent to copyright pursuant to § 135 of the Copyright Act |
| BVerfGE 31, 295-297 | Order of 14 July 1971 | 2 BvR 357/71 | Lawful judge; rejection of an immediate complaint against the refusal to reopen proceedings that was decided upon with the participation of the presiding judge of the criminal division who had also been involved in the dismissal of the appeal on points of law |
| BVerfGE 31, 297-305 | Order of 20 July 1971 | 1 BvR 13/69 | Limited possibility of lawyers to appear as authorised representatives before the labour court |
| BVerfGE 31, 306-311 | Order of 20 July 1971 | 1 BvR 231/69 | No reimbursement of costs arising from representation by a lawyer in proceedings before the labour court |
| BVerfGE 31, 311-314 | Order of 26 July 1971 | 2 BvR 163/67 | Unconstitutionality of a retroactive deterioration of the legal position of victims of persecution (retroactive imposition of a cut-off date) |
| BVerfGE 31, 314-334 | Order of 27 July 1971 | 2 BvF 1/68, 2 BvR 702/68 | Activities of public broadcasting organisations as the performance of a public function; no VAT on broadcasting |
| BVerfGE 31, 334-337 | Order of 27 July 1971 | 2 BvF 1/68, 2 BvR 702/68 | Dissenting opinion of Justices Geller and Rupp |
| BVerfGE 31, 337-357 | Order of 27 July 1971 | 2 BvF 1/68, 2 BvR 702/68 | Dissenting opinion of Justices Geiger, Rinck and Wand |
| BVerfGE 31, 357-363 | Order of 27 July 1971 | 2 BvL 9/70 | Inadmissibility of a referral for specific judicial review due to irrelevance of the referred question (North Rhine-Westphalia Ordinance on Secondary Occupations) |
| BVerfGE 31, 364-370 | Order of 27 July 1971 | 2 BvR 443/70 | Admissibility of a constitutional complaint against a development plan (Bremen) |
| BVerfGE 31, 371-380 | Order of 27 July 1971 | 2 BvH 1/71 | Dissent between the Federal Government and a Land with regard to organisational changes within the Federal Railway (dissolution of a Federal Railway directorate) |
| BVerfGE 31, 381-387 | Order of 27 July 1971 | 2 BvQ 1/71 | Hesse Act to Adapt to the First (Federal) Act on the Harmonisation and Revision of the Law Governing the Remuneration of Civil Servants in the Federation and the Länder |
| BVerfGE 31, 388-392 | Order of 27 July 1971 | 2 BvR 118/71 | Denial of the right to be heard (instructions on the available legal remedies, more specifically on the concrete calculation of the time limit for lodging an objection) |
| BVerfGE 31, 391-392 | Order of 27 July 1971 | 2 BvR 118/71 | Dissenting opinion of Justice Seuffert |
Volume 30
| Reference | Decision | File reference | Decision title |
|---|---|---|---|
| BVerfGE 30, 1-33 | Judgment of 15 December 1970 | 2 BvF 1/69, 2 BvR 629/68, 2 BvR 308/69 | Surveillance of correspondence, posts and telecommunications; review of restrictions regarding correspondence, posts and telecommunications |
| BVerfGE 30, 33-47 | Judgment of 15 December 1970 | 2 BvF 1/69, 2 BvR 629/68, 2 BvR 308/69 | Dissenting opinion of Justices Geller, v. Schlabrendorff and Rupp |
| BVerfGE 30, 47-54 | Order of 15 December 1970 | 2 BvL 17/67 | Constitutionality of § 26 of the Federal Social Assistance Act (confinement in an institution to perform work) |
| BVerfGE 30, 54-59 | Order of 15 December 1970 | 2 BvR 377/69 | Time limit for a lodging a constitutional complaint against court decisions regarding building-land matters |
| BVerfGE 30, 59-67 | Order of 16 December 1970 | 1 BvR 210/68 | Adding common matrimonial property jointly owned by a continued community of property to the assets of the surviving spouse for the purposes of property tax assessment |
| BVerfGE 30, 68-83 | Order of 12 January 1971 | 2 BvL 2/65 | Constitutionality of § 21(3) third sentence in conjunction with § 14(2) of the Federal Act on Compensation for Injustices Suffered by Members of the Public Service at the Hands of the National Socialists (impact of the Article 131 Act on compensation pursuant to the Federal Act on Compensation for Injustices Suffered by Members of the Public Service at the Hands of the National Socialists) |
| BVerfGE 30, 83-90 | Order of 12 January 1971 | 2 BvL 7/66 | On the interpretation of § 31b(1) second sentence of the Federal Act on Compensation for Injustices Suffered by Members of the Public Service at the Hands of the National Socialists in conformity with the Constitution (taking into account periods of ‘previous employment’ for the purposes of calculating periods spent in civil service if persons were awarded civil servant status after 8 May 1945) |
| BVerfGE 30, 90-103 | Order of 12 January 1971 | 2 BvL 2/70 | Reduction of the seniority grade relevant for remuneration purposes in case of teachers at special needs schools in Hamburg who progressed to a higher remuneration grade |
| BVerfGE 30, 103-108 | Order of 12 January 1971 | 2 BvL 18/70 | Jurisdiction of a local court for punishing tax offences in the districts of multiple regional courts (§ 426(2) first sentence of the Fiscal Code) |
| BVerfGE 30, 108-112 | Order of 12 January 1971 | 2 BvR 520/70 | Judicial review of the revocation of a pardon decision |
| BVerfGE 30, 112-126 | Order of 13 January 1971 | 1 BvR 671/65, 1 BvR 672/65 | On the admissibility of constitutional complaints against decisions of a Land Constitutional Court (classes on ‘biblical history independent of a particular denomination but on a generally Christian basis’ in Bremen) |
| BVerfGE 30, 127-128 | Order of 13 January 1971 | 1 BvL 16/70 | Inadmissibility of a referral due to irrelevance of the referred question (§ 84 of the Act on Road Transport) |
| BVerfGE 30, 129-148 | Order of 26 January 1971 | 2 BvL 2/68 | On the interpretation of § 17a(2) of the Valuation Act in conformity with the Constitution (net present value of ground rents) |
| BVerfGE 30, 149-157 | Order of 26 January 1971 | 2 BvR 443/69 | Reopening of proceedings: participation of an additional judge who had also been involved in the main proceedings and a judge who had been involved in the opening of main proceedings in a criminal case |
| BVerfGE 30, 157-164 | Order of 26 January 1971 | 2 BvR 443/69 | Dissenting opinion of Justices Leibholz, Geiger and Rinck |
| BVerfGE 30, 165-170 | Order of 27 January 1971 | 2 BvR 507/69, 2 BvR 511/69 | Reopening of proceedings: participation of a judge who had also been involved in the judgment delivered upon the appeal on points of law |
| BVerfGE 30, 170-173 | Order of 9 February 1971 | 1 BvL 27/70 | No competence for court officer to make a referral pursuant to Art.100(1) of the Basic Law |
| BVerfGE 30, 173-227 | Order of 24 February 1971 | 1 BvR 435/68 | On the conflict between the fundamental rights guarantee to freedom of the arts and the constitutionally protected personal domain (the novel ‘Mephisto’) |
| BVerfGE 30, 227-250 | Order of 24 February 1971 | 1 BvR 438/68, 1 BvR 456/68, 1 BvR 484/68, 1 BvL 40/69 | Legislative interference with the naming and activities of an association as per its bylaws (participation of employee and employer associations in elections to the self-governing bodies of social insurance) |
| BVerfGE 30, 250-272 | Order of 9 March 1971 | 2 BvR 326/69, 2 BvR 341/69, 2 BvR 342/69, inter alia | Prohibition of laws that impose burdens and are, from the outset, plainly unsuitable to achieve the legislative purpose; incorrect prognoses of the legislator (Act on Measures Safeguarding External Economic Balance) |
| BVerfGE 30, 272-291 | Order of 10 March 1971 | 2 BvL 3/68 | German-Swiss Double Taxation Treaty (retroactive progression clause) |
| BVerfGE 30, 292-336 | Order of 16 March 1971 | 1 BvR 52/66, 1 BvR 665/66, 1 BvR 667/66, 1 BvR 754/66 | Relying on private companies for the fulfilment of a public task (obligation to hold a minimum stock of petroleum products) |
| BVerfGE 30, 336-355 | Order of 23 March 1971 | 1 BvL 25/61, 1 BvL 3/62 | Act on the Dissemination of Publications that are Harmful to Minors (distribution of publications that are evidently seriously harmful to minors by mail order; images advertising nudism) |
| BVerfGE 30, 355-367 | Order of 23 March 1971 | 1 BvL 9/69 | On the relationship between child benefit and child supplement |
| BVerfGE 30, 367-392 | Order of 23 March 1971 | 2 BvL 2/66, 2 BvR 168/66, 2 BvR 196/66, inter alia | Unconstitutionality of a retroactive deterioration of the legal position of victims of persecution (retroactive introduction of a cut-off date for cases of expulsion) |
| BVerfGE 30, 392-406 | Order of 23 March 1971 | 2 BvL 17/69 | Creation of legitimate expectations by a time-limited law; sales tax break for Berlin cigarette industry |
| BVerfGE 30, 406-409 | Order of 23 March 1971 | 2 BvR 465/70 | Denial of the right to be heard (respondent in complaint proceedings before the labour court) |
| BVerfGE 30, 409-415 | Order of 23 March 1971 | 2 BvR 59/71 | On the entitlement of foreign citizens to compensation for remand detention |
| BVerfGE 30, 415-428 | Order of 31 March 1971 | 1 BvR 744/67 | Baptism and residence as criteria for determining church tax liability |