Category Archives: Federal Constitutional Court
BVerfGE 141, 220 – Federal Criminal Police Office Act (BKA-Gesetz)
Judgement of 20 April 2016 – 1 BvR 966/09, 1 BvR 1140/09
BVerfGE 123, 267 – Lisbon Decision (Lissabon-Urteil)
Act Approving the Treaty of Lisbon compatible with the Basic Law; accompanying law unconstitutional to the extent that legislative bodies have not been accorded sufficient rights of participation
Judgment of 30 June 2009
2 BvE 2/08
BVerfGE 140, 160 – Opation Pegasus, Libya 2001
Judgment of 23 September 2015
In a decision pronounced today, the Second Senate of the Federal Constitutional Court further specified the constitutional standards applying to the Bundestag’s right to participate in decision-making concerning deployments of armed German forces abroad. All deployments of armed military forces require parliamentary approval; there is no additional requirement that the deployment be of a certain military importance. In cases of imminent danger, the Federal Government may, by way of exception and for the time being, decide upon deployments alone. However, it is under the obligation to seek the Bundestag’s approval for continuing the deployment as soon as possible. Should the deployment in question already be over, the Federal Government must inform the Bundestag promptly and in a qualified manner of the reasons for its decision and the details of the deployment; yet, it is not obliged to seek retrospective approval by the Bundestag.
Therefore, the application for Organstreit (dispute between federal organs) proceedings lodged by the parliamentary group of ALLIANCE 90 / THE GREENS (BÜNDNIS 90 / DIE GRÜNEN) is unsuccessful. The evacuation of German citizens from Libya on 26 February 2011 constituted a deployment of armed military forces, which required parliamentary approval but was over before Parliament could be called upon.
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NZG 2016, 471
Order of 03 November 2015
2 BvR 2019/09
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BVerfGE 141, 1 – Treaty Overrides
Order of 15 December 2015
2 BvL 1/12
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BVerfGE 97, 391 – use of one’s name in relation to freedom of opinion and right of personality (Missbrauchsbezichtigung)
Federal Constitutional Court (Bundesverfassungsgericht), Decision of 24. 3. 1998 – 1 BvR 131/96
This case is first published in the German Law Archive courtesy of:
Translated German Cases and Materials under the direction of Professors P. Schlechtriem, B. Markesinis and S. Lorenz
BVerfG 1998, 2889
Translated by Mr Raymond Youngs, Southampton Institute
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BVerfGE 90, 145 – Cannabis
Bundesverfassungsgericht (Federal Constitutional Court), Second Senate, decision of 9 March 1994, BVerfGE 90, 145
Translation by Michael Jewell.
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Decision of 15 November 1993 – concerning jurisdiction of the Court’s two senates
Bundesverfassungsgericht (Federal Constitutional Court), Plenum, Decision of 15 November 1993
In accordance with Article 14 (4) of the Law on the Federal Constitutional Court, promulgated in Federal Law Gazette I p. 2492
On 15 November 1993, in accordance with Article 14 (4) of the Law on the Federal Constitutional Court, as published on 11 August 1993 (Federal Law Gazette I, p. 1473), the plenum of the Federal Constitutional Court adopted the following decision:
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BVerfGE 85, 191 – Nocturnal Employment Case (Nachtarbeitsverbot)
Nocturnal Employment Case (1992)
85 BVerfGE 191
This case is first published in the German Law Archive courtesy of:
Translated German Cases and Materials under the direction of Professors P. Schlechtriem, B. Markesinis and S. Lorenz
Copyright: Donald P Kommers
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BVerfGE 82, 322 – first federal election after reunification (gesamtdeutsche Wahl)
Bundesverfassungsgericht (Federal Constitutional Court), Second Senate, Decision of 29 September 1990, case no. 2 BvE 1/90 and others, NJW 1990, 3001
The following has been reproduced from: Raymond Youngs, Sourcebook on German Law, Cavendish 1994, with kind permission by the author.
Please note: as the Sourcebook includes both the German original and the English translation next to each other, Raymond Youngs has translated into English the names of all statutes, courts, and titles of works cited. Please consult the book from which this translation has been reproduced if you wish to look up any of the references given in this judgment.
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