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© Gerhard Dannemann 2015

NJW 2017, 3643 – Third Gender in Civil Status Law (Excerpts) (3. Gender)


to the Order of the First Senate of 10 October 2017

– 1 BvR 2019/16 –

1. The general right of personality (Article 2(1) in conjunction with Article 1(1) of the Basic Law, Grundgesetz – GG) protects the gender identity. It also protects the gender identity of those who cannot be assigned either the gender “male” or “female” permanently.


NJW 2017, 611 – NPD prohibition (NPD-Parteiverbotsverfahren)


to the Judgment of the Second Senate of 17 January 2017

– 2 BvB 1/13 –

1. The prohibition of a political party under Art. 21(2) of the Basic Law (Grundgesetz – GG) is the sharpest weapon, albeit a double-edged one, a democratic state under the rule of law has against an organised enemy. Its aim is to counter risks emanating from the existence of a political party with a fundamentally anti-constitutional tendency and from the typical ways in which it can exercise influence as an association.


BVerfGE 142, 123 – OMT-Programme of the ECB (EZB)

Judgment of 21 June 2016 – 2 BvR 2728/13, 2 BvR 2729/13, 2 BvR 2730/13, 2 BvR 2731/13, 2 BvE 13/13

If the conditions formulated by the Court of Justice of the European Union in its judgment of 16 June 2015 (C-62/14) and intended to limit the scope of the OMT programme are met, the complainants’ rights under Art. 38 sec. 1 sentence 1, Art. 20 secs. 1 and 2 in conjunction with Art. 79 sec. 3 of the Basic Law (Grundgesetz – GG) are not violated by the fact that the Federal Government and the Bundestag have not taken suitable steps to revoke or limit the effect of the policy decision of the European Central Bank of 6 September 2012 concerning the OMT programme. Furthermore, if these conditions are met, the OMT programme does not currently impair the Bundestag’s overall budgetary responsibility. Such was the decision of the Second Senate of the Federal Constitutional Court in a judgment pronounced today. If interpreted in accordance with the Court of Justice’s judgment, the policy decision on the OMT programme does not “manifestly” exceed the competences attributed to the European Central Bank. Moreover, if interpreted in accordance with the Court of Justice’s judgment, the OMT programme does not present a constitutionally relevant threat to the German Bundestag’s right to decide on the budget.

Facts of the Case:


BVerfGE 122, 374 – Renewable Energy Sources Act (Erneuerbare Energien Gesetz, EEG)

Reasoning of the denial of the motion for a temporary injunction moved by an electricity producer falling under the Renewable Energy Sources Act

On 18 February 2009, the First Senate of the Federal Constitutional Court denied the motion, made in conjunction with a constitutional complaint challenging a legal provision, which had been moved by the operator of a bioenergy park and the project company that had been founded for the construction of the bioenergy park, to temporarily suspend § 19.1 of the Renewable Energy Sources Act (Erneuerbare- Energien-Gesetz – EEG) 2009 by means of a temporary injunction. The complainants had argued that – contrary to situation in the period of validity of the EEG 2004 – the 40 technically independent plants of the bioenergy park were deemed as a single large-scale plant from the entry into force of the EEG 2009 on 1 January 2009 and that they therefore received a lower tariff per kilowatt hour of electricity fed into the public grid; they further argued that as a consequence of the considerable decrease in income resulting from this, the plant operator would have to file an insolvency petition very soon.


BVerfGE 141, 82 – Professional Partnership of Lawyers with Physicians and Pharmacists

Press Release No. 6/2016 of 02 February 2016

Order of 12 January 2016
1 BvL 6/13

59a sec. 1 sentence 1 of the Federal Lawyers’ Act (Bundesrechtsanwaltsordnung) is unconstitutional and void to the extent that it prohibits lawyers to establish a professional partnership with physicians and pharmacists for the joint practicing of their professions. Such was the decision by the First Senate of the Federal Constitutional Court in an order published today in specific judicial review proceedings conducted upon referral by the Federal Court of Justice (Bundesgerichtshof). The prohibition to establish a partnership (Sozietätsverbot) disproportionately interferes with the freedom to practice an occupation (Art. 12 sec. 1 of the Basic Law, Grundgesetz – GG). The legislature permits the association of lawyers with other professional groups – in particular with patent attorneys, tax consultants and auditors – in a professional partnership. Compared to such partnerships, an inter-professional cooperation of lawyers with physicians and pharmacists does not hold such considerable additional risks regarding compliance with a lawyer’s professional duties as to justify a different treatment.


BVerfGE 129, 124 – Greek Bailout (Griechenland-Rettungspaket)

BVerfGE 128, 326 – Preventive Detention (Sicherungsverwahrung)

– 2 BvR 2365/09 – – 2 BvR 740/10 – – 2 BvR 2333/08 – – 2 BvR 1152/10 – – 2 BvR 571/10 –


BVerfGE 125, 260 – Data Retention (Vorratsdatenspeicherung)

– 1 BvR 256/08 – – 1 BvR 263/08 – – 1 BvR 586/08 –


BVerfGE 108, 282 – Headscarf Ban (Kopftuchurteil)

BVerfGE 88, 203 – Abortion (Schwangerschaftsabbruch II)

2 BvF 2/90 – 2 BvF 4/92 – 2 BvF 5/92