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Federal Constitutional Court - Decisions of the Federal Constitutional Court

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Decisions of the Federal Constitutional Court

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Appendix - Basic Law for the Federal Republic of Germany S. 784-893

„… AppendixBasic Law for the Federal Republic of Germany1PreambleConscious of their responsibility …” „… honour.Article 2Article 3Article 4Article 5Basic Law for the Federal Republic of Germany763(3) Arts and sciences …” „… of parents Article 6Article 7Basic Law for the Federal Republic of Germany764or guardians, it is to …”

45. BVerfGE 154, 152 - Surveillance of Foreign Telecommunications* - Federal Intelligence Service’s powers to intercept communications of foreigners abroad (2020) S. 734-783

„… can affect the - 712 -position of the Federal Republic of Germany in the international community and …” „… that is significant to the foreign and security policy of the Federal Republic of Germany.The Federal …” „… (Auftragsprofil der Bundesregierung; […]) considers significant for the Federal Republic of Germany’s actions in …”

37. BVerfGE 100, 313 - The Article 10 Act - telecommunications surveillance by intelligence services (1999) S. 477-504

„… order to ensure early detection of serious impending dangerto the Federal Republic of Germany …” „… existence of the Federal Republic of Germany or its democratic order. § 3 of the Act governed so-called …” „… (drohende Gefahren) to the Federal Republic of Germany.The proceedings at hand only concern strategic …”

TABLE OF ABBREVIATIONS S. 1-3

„… RepublikGerman Democratic RepublicGVBl HH Gesetz- und Verordnungs-blatt HamburgHamburg Law and Ordinance …” „… corporationAVR Archiv des Völkerrechts (law journal)BAG Bundesarbeitsgericht Federal Labour CourtBGBl …” „… Bundesgesetzblatt Federal Law GazetteBGH Bundesgerichtshof Federal Court of JusticeBGHSt Entscheidungen des …”

Contents/Introduction

„… of foreigners abroad (2020) 712Appendix - Basic Law of the Federal Republic of Germany 762Index 851 …” „… Decisions of the Federal Constitutional Court Volume 6: General right of personalityNomos …” „… Verlagsgesellschaft Baden-BadenDecisions of the Federal Constitutional Court Volume 6:General right of …”

1. BVerfGE 27, 1 - Microcensus - disclosure of personal data for statistical purposes (1969) S. 23-27

„… a representative survey with a sampling rate of 1% of the total population of the Federal Republic …” „… (microcensus).FEDERAL CONSTITUTIONAL COURT- 1 BvL 19/63 -IN THE NAME OF THE PEOPLEIn the proceedingsfor constitutional …” „… - Gs 168/63 -the Federal Constitutional Court – First Senate – with the participation of …”

20. BVerfGE 120, 180 - Caroline III - celebrities’ right to their image (2008) S. 244-263

„… the Federal Republic of Germany was in breach of its obligations under Article 8 of the Convention for …” „… published as part of entertainment media coverage concerning their private and everyday life.FEDERAL …” „… complaint of1. E… GmbH & Co. KG,– authorised representative: …against a) the Judgment of the Federal Court …”

44. BVerfGE 141, 220 - The Federal Criminal Police Office Act - counter-terrorism surveillance powers (2016) S. 684-733

„… No. 44BVerfGE 141, 220 – The Federal Criminal Police Office ActHEADNOTESto the Judgment of the …” „… First Senate of 20 April 20161 BvR 966/09, 1 BvR 1140/091. a) The authorisation of the Federal Criminal …” „… that the receiving state will handle the data in accordance with the rule of law. No. 44 – The Federal …”

41. BVerfGE 125, 260 - Data Retention - service providers’ obligation to retain telecommunications traffic data (2010) S. 587-627

„… identity of the Federal Republic of Germany that the state may not record and register the exerciseof …” „… identity); it is incumbent upon the Federal Republic of Germany to ensure respect for this constitutional …” „… , transparen-cy and legal protection. 3. Under Art. 73(1) no. 7 of the Basic Law, it is incumbent upon the federal …”

6. BVerfGE 65, 1 - Census - informational self-determination and modern data processing (1983) S. 63-90

„… envisaged catalogue of survey questions [...], the Federal Republic of Germany fulfils its obligation …” „… the 1983 Census Act) is compatible with the Basic Law.FEDERAL CONSTITUTIONAL COURT- 1 BvR 209, 269 …” „… 1982 (BGBl I, p. 369)the Federal Constitutional Court – First Senate –with the participation of …”

40. BVerfGE 120, 274 - Remote Searches - covert searches of private computers (2008) S. 556-586

„… computers, which can now be found in a large majority of households in the Federal Republic of Germany …” „… Federal Republic of Germany that concern its international relations. […]The security of the state as a …” „… with fundamental rights. FEDERAL CONSTITUTIONAL COURT- 1 BvR 370/07 -- 1 BVR 595/07 -IN THE NAME OF THE …”

doi.org/10.5771/9783748930006

Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germa

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BVerfGE 105, 279 Order of the First Senate of 26 June 2002 – 1 BvR 670/91 “Sect warning case” Fundamental right of the freedom of religion and ideology (Article 4.1 and 4.2 of the Basic Law as a barrier to the information activity of the Federal Government – Osho Movement). S. 377-396

„… the nineteen sixties, previously unknown groups have been appearing in the Federal Republic of Germany …” „… initial administrative-court proceedings they demanded that the Federal Republic of Germany should …” „… the Federal Republic of Germany” of February 1980, published as Vol. 21 of the Series: entitled …”

Selected Provisions of the Basic Law S. 439-454

„… , 137, 140) of the Basic Law for the Federal Republic of Germany of 23 May 1949 (last amended: 28 …” „… order; right to resist) (1) The Federal Republic of Germany is a democratic and social federative state …” „… intended to serve the defence of the Federal Republic, it is sufficient, for the purpose of clarifying that …”

BVerfGE 42, 312 Order of the Second Senate of 21 September 1976 – 2 BvR 350/75 “Church officer as member of the Bundestag case” Granting leave of absence to ministers and church officers for the duration of a term of office as a member of parliament in the Bundestag or in the legislative bodies of a Land. S. 126-146

„… legal sphere of the government system of the Federal Republic of Germany, nor obstructions to this that …” „… society of the Federal Republic of Germany and to the state system constituted by the Basic Law. To the …” „… Deutsche Evangelische Kirchenkanzlei has shown, virtually all Protestant churches in the Federal Republic …”

BVerfGE 104, 337 Judgment of the First Senate of 15 January 2002 – 1 BvR 1783/99 “Permit for ritual slaughter case” Permit for ritual slaughter for Muslim butchers. S. 362-376

„… the Federal Republic of Germany for 20 years and operates a butcher’s shop in Hesse that he took over …” „… validity, and that he, with a view to his long-standing residence in the Federal Republic of Germany, is so …” „… in the Federal Republic of Germany. If they wanted to maintain their businesses at least as sales …”

BVerfGE 102, 370 Judgment of the Second Senate of 19 December 2000 – 2 BvR 1500/97 “Jehovah’s Witnesses case” S. 338-356

„… Federal Administrative Court. 2. The Federal Republic of Germany is ordered to reimburse to the …” „… Interior of the GDR. Thereupon, the community constituted itself for the area of the then Federal Republic …” „… individuals. The objection that there was no legal obligation in the Federal Republic of Germany to …”

BVerfGE 83, 341 Order of the Second Senate of 5 February 1991 – 2 BvR 263/86 “Bahá’í case” Consideration of freedom of religion in interpretation and application of provisions of the Civil Code regarding associations (registration of the Spiritual Assembly of the Bahá’ís in the register of associations). S. 284-299

„… is established in the Federal Republic of Germany as a registered association; in other states, it …” „… institution placed above all Spiritual Assemblies in the Federal Republic is the National Spiritual Assembly …” „… members in the Federal Republic in 1986, who were also spread over roughly 50 local Bahá’í communities. It …”

Titelei/Inhaltsverzeichnis S. 2-11

„… – Federal Constitutional Court – Federal Republic of Germany Volume 4: The Law of Freedom of Faith and …” „… the Law of the Churches 1960-2003 Edited by the Federal Constitutional Court Karlsruhe 2007 1 …” „… Numbers XV Judges of the Federal Constitutional Court, 1951-2007 XIX 1. BVerfGE 12, 1 Order of the First …”

BVerfGE 12, 1 Order of the First Senate of 8 November 1960 – 1 BvR 59/56 “Solicitation for resignation of church membership case” Anyone promising tobacco to fellow inmates in order to induce them to resign church membership does not enjoy therefor protection of freedom of faith (Articles 4 and 5 of the Basic Law). S. 23-26

„… occupation zone. 2. As its employee, he tried to spy out state secrets of the Federal Republic of Germany …” „… designer …, against the order of the Sixth Criminal Senate of the Federal Court of Justice …” „… recruited others for this activity. Because of this attempted treason, the Federal Court of Justice …”

BVerfGE 70, 138 Order of the Second Senate of 4 June 1985 – 2 BvR 1703, 718/83 and 856/84 “Labour law in church hospital case” The effectiveness of notices of termination of employment given by church institutions to employees in their service for the violation of ecclesiastical obligations of loyalty. S. 248-268

„… referred back to the Federal Labour Court. The Federal Republic of Germany is ordered to reimburse the …” „… Elisabeth zu Essen – authorised representative: Professor Dr. … – against a) the judgment of the Federal …” „… ) the judgment of the Federal Labour Court of 21 October 1982 – 2 AZR 591/80 –, b) the judgment of the …”

BVerfGE 35, 366 Order of the First Senate of 17 July 1973 – 1 BvR 308/69 “Cross in the courtroom case” Placing crosses in the courtroom. S. 106-111

„… consideration of the various circumstances and opinions in the individual areas of the Federal Republic of …” „… principle of equality. 86 The complaint against this order was dismissed as inadmissible by the Federal …” „… necessary to await the decision of the Federal Constitutional Court (Bundesverfassungsgericht) on another …”

BVerfGE 108, 282 Judgment of the Second Senate of 24 September 2003 – 2 BvR 1436/02 “Headscarf case” Headscarf in class. S. 397-438

„… to the Federal Administrative Court. 2. The Federal Republic of Germany and the Land …” „… , Afghanistan in 1972; since 1987 she has lived without interruption in the Federal Republic of Germany, and in …” „… the state requirement of neutrality in the Federal Republic of Germany. This strict understanding of …”

BVerfGE 19, 1 Order of the First Senate of 28 April 1965 – 1 BvR 346/61 “Exemption from fees for religious communities case” Exemption of the New Apostolic Church from fees in accordance with § 8.1 no. 4 of the Prussian Court Costs Act. S. 27-36

„… ; of that number, about 320,000 lived in the Federal Republic and about 100,000 in the German …” „… Democratic Republic. In North-Rhine/Westphalia, in 1953, there were a total of 268 congregations with about …” „… Federal Constitutional Court (Entscheidungen des Bundesverfassungsgerichts – BVerfGE) 18, 385 (387)). They …”

BVerfGE 57, 220 Order of the Second Senate of 17 February 1981 – 2 BvR 384/78 “Trade-union access to church institution case” Access to charitable institutions of the churches by outside union representatives. S. 234-247

„… . The Federal Republic of Germany is ordered to reimburse the complainants their necessary expenses. 213 …” „… … – authorised representative: Professor Dr. … – against a) the judgment of the Federal Labour Court …” „… (Landesarbeitsgericht) of 21 January – 3 Sa 941/76 –. RULING: 1. The judgment of the Federal Labour Court of 14 February …”

BVerfGE 93, 1 Order of the First Senate of 16 May 1995 – 1 BvR 1087/91 “Classroom crucifix case” Freedom of faith and the affixation of crosses or crucifixes in schoolrooms. S. 300-321

„… that may apply in other Länder of the Federal Republic as the starting point. The Constitution of the …” „… exhausted the legal remedies (§ 90.2 sentence 1 of the Federal Constitutional Court Act …” „… constitutional grievance (see Decisions of the Federal Constitutional Court (Entscheidungen des Bun- 282 …”

BVerfGE 19, 206 Judgment of the First Senate of 14 December 1965 – 1 BvR 413, 416/60 “Church construction tax case” Unconstitutionality of the Baden church construction tax. No transfer to a religious society of sovereign powers vis-à-vis persons who do not belong to any religious society. S. 37-48

„… fully valid constitutional law of the Federal Republic of Germany, and are not for instance second-tier …” „… . the judgment of the Federal Administrative Court (Bundesverwaltungsgericht) of 14 November 1960 – VII …” „… 71/60 – 5. the judgment of the Federal Administrative Court of 7 November 1960 – VII B 102.60 – RULING …”

BVerfGE 46, 73 Order of the Second Senate of 11 October 1977 – 2 BvR 209/76 “Church institution and works constitution law case” Works council in a charitable Catholic hospital. S. 170-185

„… . The matter is referred back to the Düsseldorf Higher Labour Court. 2. The Federal Republic of Germany …” „… the Federal Labour Court (Bundesarbeitsgericht) of 14 November 1975 – 1 ABR 12/75 –, b) the order of …” „… the decision of the Federal Labour Court of 14 November 1975 – 149 1 ABR 12/75 – violate Article 140 …”

doi.org/10.5771/9783845205540

Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

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Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

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Appendix The Basic Law for the Federal Republic of Germany S. 852-936

„… Appendix Basic Law for the Federal Republic of Germany Preamble Conscious of their responsibility …” „… directly applicable law. Article 1 The Basic Law for the Federal Republic of Germany Translated by …” „… [Constitutional principles – Right of resistance] (1) The Federal Republic of Germany is a democratic and social …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… members living in the Federal Republic” HEADNOTES: 1. Neither Article 6.1 nor Article 6.2, first sentence …” „… Federal Republic of Germany. 2. The duty of the state to protect marriage and the family is fulfilled when …” „… to joining spouses living in the Federal Republic exceeds the degree that those affected must …”

BVerfGE 23, 258 Order of the First Senate of 7 May 1968 – 1 BvR 133/67 “Duty to promote families case” Decision on the duty of the state to promote families S. 45-50

„… inside or outside of the Federal Republic of Germany. Unless otherwise provided for in an international …” „… the grant of child benefit to workers employed in the Federal Republic of Germany whose children were …” „… was born in Poland and is a German national; he lives and works in the Federal Republic of Germany. He …”

BVerfGE 111, 307 Order of the Second Senate of 14 October 2004 – 2 BvR 1481/04 “Görgülü I case” Obligation to take into account the European Convention on Human Rights and the decisions of the European Court of Human Rights, and the limits of such obligation, in the context of the principle that the judge is bound by statute and law (Article 20.3 of the Basic Law) S. 694-713

„… – under no. 64 of the judgment – the Federal Republic of Germany, by reason of its duty under Article 46 …” „… judgment bound only the Federal Republic of Germany as a subject of public international law, but not its …” „… of law. The authorities and courts of the Federal Republic of Germany are obliged, under certain …”

BVerfGE 80, 81 Order of the Second Senate of 18 April 1989 – 2 BvR 1169/84 “Case concerning the adoption of an adult foreigner” Right of residence of an adult foreigner adopted by a German S. 301-310

„… not impair the interests of the Federal Republic of Germany. … II. 1. a) The complainant re 1., who …” „… are divorced. He entered the Federal Republic of Germany in February 1976 and applied for recognition …” „… removal of the complainant re 1. from the Federal Republic of Germany. This complaint was rejected as …”

Titelei/Inhaltsverzeichnis

„… Decisions of the Bundesverfassungsgericht – Federal Constitutional Court – Federal Republic …” „… Bundesverfassungsgericht – Federal Constitutional Court – Federal Republic of Germany Volume 5: Family-Related Decisions …” „… members living in the Federal Republic of Germany 245 18. BVerfGE 79, 51 Order of the First Senate of 12 …”

BVerfGE 72, 122 Order of the First Senate of 18 June 1986 – 1 BvR 857/85 “Withdrawal of custody rights case” Safeguarding the status of children as holders of fundamental rights in the proceedings (supplementary curator) S. 231-244

„… awaiting deportation. She stated that she did not wish to leave the Federal Republic of Germany without her …” „… her to the Federal Republic of Germany was evidence of her natural maternal instincts and her close …” „… favourable development would in all probability be interrupted if they had to leave the Federal Republic of …”

BVerfGE 51, 386 Order of the First Senate of 18 July 1979 – 1 BvR 650/77 “Expulsion case” Expulsion of a foreign national convicted of a criminal offence who is married to a German woman and has a legitimate child with her S. 127-137

„… with her to be expelled from the Federal Republic of Germany on the basis of discretionary …” „… of foreign nationals in the Federal Republic of Germany is regulated primarily by the Foreign …” „… bilateral and multilateral agreements entered into by the Federal Republic, which take precedence over the …”

BVerfGE 31, 58 Order of the First Senate of 4 May 1971 – 1 BvR 636/68 “Spaniard case” Validity of fundamental rights (here: Article 6.1 of the Basic Law) for German international private law; freedom of marriage (act of marriage between a Spanish man and a German woman divorced by a German court) S. 100-121

„… national; he has been living in the Federal Republic of Germany since 1962. He was a member of the Catholic …” „… representatives of the Federal Republic of Germany, have over the past few years drafted conventions which …” „… is one such example. That is the reason why foreigners resident in the Federal Republic of Germany …”

BVerfGK 5, 161 Order of the First Chamber of the First Senate of 5 April 2005 – 1 BvR 1664/04 “Görgülü III case” Binding effect of a decision of the European Court of Human Rights – constitutional requirements placed on the removal of a child from its foster family S. 724-731

„… obligations of the Federal Republic of Germany under public international law (see Federal Constitutional …” „… in a manner conforming with the obligations of the Federal Republic of Germany under public …” „… of the Federal Republic of Germany under public international law. In addition, the caselaw of the …”

Index S. 937-956

„… Federal Republic 245 · of spouses and family members 255, 261, 272, 274-275, 281-282, 284 – life, focus of …” „… – lasting, in the lifestyle of the Federal Republic of Germany 277 intergenerational contract 339, 342, 346 …” „… public international law – agreements under 701 – obligations of the Federal Republic of Germany under …”

BVerfGE 109, 256 Judgment of the First Senate of 18 February 2004 – 1 BvR 193/97 “Joint family name case” Unconstitutionality of § 1355.2 of the Civil Code, which prohibits spouses who wish to have a joint family name as their married name the selection of a married name acquired through previous conclusion of marriage S. 681-693

„… the married name in the German Democratic Republic. 2. a) After the Federal Constitutional Court had …” „… in 1993. On their return to the Federal Republic of Germany, they expressed to the registrar a wish …” „… (Familiennamensrechtsgesetz – FamNamRG) of 16 December 1993 (Federal Law Gazette (Bundesgesetzblatt – BGBl) I p. 2054). RULING …”

BVerfGE 99, 246 Order of the Second Senate of 10 November 1998 – 2 BvL 42/93 “Minimum child income case” Minimum child income for the 1987 assessment period to be allowed for in income tax S. 420-431

„… requirement necessary to maintain a minimum standard of living has thus not fallen in the Federal Republic in …” „… (Einkommensteuergesetz) in the version of the 1986/1988 Tax Reduction Act (Steuersenkungsgesetz) of 26 June 1985 (Federal …” „… Law Gazette (Bundesgesetzblatt – BGBl) I p. 1153, Federal Tax Gazette (Bundessteuerblatt – BStBl) I p …”

BVerfGK 4, 339 Order of the Third Chamber of the First Senate of 28 December 2004 – 1 BvR 2790/04 “Görgülü II case” Arbitrary review of an unappealable arrangement for access – binding effect of a decision of the European Court of Human Rights – weighing of consequences with regard to contact in the form of access S. 714-723

„… the 720 Federal Republic of Germany under public international law (see Federal Constitutional Court …” „… the Federal Constitutional Court Act in the version promulgated on 11 August 1993 (Federal Law Gazette …” „… –2 BvR 1481/04 – (reprinted in FamRZ 2004, p. 1857), the Federal Constitutional Court …”

BVerfGE 99, 300 Order of the Second Senate of 24 November 1998 – 2 BvL 26/91, 5, 6, 7, 8, 9, 10/96, 3, 4, 5, 6/97 “Civil servants’ children case” (state’s obligation to take care of civil servants’ welfare and family) Remuneration of civil servants and judges with more than two children in the period from 1988 to 1996 S. 432-449

„… determination of the “minimum of comfort” is not required. a) Incomes in the Federal Republic of Germany as a …” „… , law-abiding administration in the interplay of political forces (confirmation of Decisions of the Federal …” „… Pensions in the Federation and the Länder – 1987 Federal Remuneration and Pensions Adjustment Act (Gesetz …”

Index of Statutes S. 957-962

„… – Article 44 of the 703 – Article 52 of the 706 European Social Charter 285 F Federal Child Benefit Act …” „… – § 3.3 sentence 1 of the 577 Federal Constitutional Court Act – § 31.1 of the 704 – § 34a.2 of the 286 …” „… – § 90.2 sentence 1 of the 256, 292 – § 95.2 of the 286 Federal Remuneration and Pensions Adjustment Act …”

BVerfGE 105, 313 Judgment of the First Senate of 17 July 2002 – 1 BvF 1, 2/01 “Civil Partnerships Act case” Correction of an adopted bill; right of approval of the Bundesrat; compatibility with Articles 6.1, 3.1, 3.3 sentence 1 and 14.1 of the Basic Law S. 541-576

„… 47,000 same-sex couples were cohabiting in the Federal Republic of Germany (see Eggen …” „… initiatives for legislation for homosexual partnerships in the Federal Republic of Germany date back to the 11 …” „… parliamentary background materials of the statute. 2. If the Federal Government or the Bundestag divides a …”

BVerfGE 6, 55 Order of the First Senate of 17 January 1957 – 1 BvL 4/54 “Taxation of households case” Article 6.1 of the Basic Law is a fundamental provision (binding value decision) and currently binding constitutional law S. 1-19

„… Federal Republic of Germany today, that is, it leaves it up to the spouses to decide how to organise that …” „… . The provision under § 80.4 of the Federal Constitutional Court Act (Bundesverfassungsgerichtsgesetz …” „… – BVerfGG) is not applicable if the Federal Constitutional Court (Bundesverfassungsgericht) received a …”

BVerfGE 99, 145 Order of the Second Senate of 29 October 1998 – 2 BvR 1206/98 “Hague Child Abduction Convention case” Hague Child Abduction Convention; accommodation of the best interests of the child in the special case of converse child return applications S. 386-401

„… place on 17 February 1997, for the court record that she would not unlawfully leave the Federal Republic …” „… with the Hague Convention of 25 October 1980 on Civil Aspects of International Child Abduction (Federal …” „… protection of minors – (Federal Law Gazette II 1971 p. 217). The Hague Child Abduction Convention hence …”

BVerfGE 127, 132 Order of the First Senate of 21 July 2010 – 1 BvR 420/09 “Case regarding custody rights of fathers of children born out of wedlock” Decision regarding the parental right of the father of a child born out of wedlock; incompatibility of § 1626a.1 no. 1 and § 1672.1 of the Civil Code with Article 6.2 of the Basic Law S. 826-851

„… – Kindschaftsrechtsreformgesetz – Parent and Child Law Reform Act – KindRG) of 16 December 1997 (Federal Law Gazette …” „… – no longer apply. The matter is referred back to the Bad Oeynhausen Local Court. 5. The Federal …” „… Republic of Germany and the Land (state) North Rhine-Westphalia are each ordered to reimburse the …”

BVerfGE 28, 324 Order of the First Senate of 27 May 1970 – 1 BvL 22/63, 27/64 “Marriage clause case” Incompatibility of the marriage clauses in the orphans’ pension in social pensions insurance with Article 6.1 of the Basic Law S. 75-99

„… Law for the Federal Republic of Germany insofar as it provides that only unmarried persons are …” „… 1957 (Federal Law Gazette (Bundesgesetzblatt – BGBl.) I p. 88) and of § 7 no. 4 of the Act 75 Promoting …” „… (Federal Law Gazette I p. 640) and § 1267.1 sentence 2 of the Reich Insurance Code in the versions of …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… 18 June 1957 (Federal Law Gazette (Bundesgesetzblatt – BGBl.) I p. 609), II. regarding the review …” „… 1957 (Federal Law Gazette I p. 609) – referrals from the Local Court (Amtsgericht) of Cologne (referral …” „… Act of 18 June 1957 (Federal Law Gazette I p. 609) are void. 20 EXTRACT FROM GROUNDS: A. The …”

BVerfGE 104, 373 Judgment of the First Senate of 30 January 2002 – 1 BvL 23/96 “Double family names case” Exclusion of double family names S. 515-529

„… Names Act (Familiennamensrechtsgesetz – FamNamRG) of 16 December 1993 (Federal Law Gazette …” „… of the Act Reforming the Law on Family Names (Law on Family Names Act) of 16 December 1993 (Federal …” „… – KindRG) of 16 December 1997 (Federal Law Gazette I page 2942) are compatible with the Basic Law …”

BVerfGE 103, 242 Judgment of the First Senate of 3 April 2001 – 1 BvR 1629/94 “Long-term care insurance case” Long-term care insurance contributions for childcaring and child-raising members of social longterm care insurance S. 491-514

„… . The Federal Republic of Germany is ordered to reimburse the complainant his necessary expenses …” „… Pflegebedürftigkeit – PflegeVG) (Long-Term Care Insurance Act (Pflege-Versicherungsgesetz)) of 26 May 1994 (Federal …” „… – SGB XI) of 26 May 1994 (Federal Law Gazette I page 1014) are not compatible with Article 3.1 in …”

BVerfGE 101, 361 Judgment of the First Senate of 15 December 1999 – 1 BvR 653/96 “Caroline of Monaco II case” Publication of photographs from the daily and private life of prominent persons – Caroline of Monaco S. 450-474

„… Federal Republic of Germany is ordered to reimburse the complainant onethird of her necessary expenses …” „… representatives: …, lawyers – 450 against a) the judgment of the Federal Court of Justice (Bundesgerichtshof) of …” „… Court (Landgericht) of Hamburg of 4 February 1994 – 324 O 537/93 –. RULING: The judgments of the Federal …”

BVerfGE 107, 150 Judgment of the First Senate of 29 January 2003 – 1 BvL 20/99, 1 BvR 933/01 “Case regarding parental custody for children born out of wedlock” § 1626a of the Civil Code is currently compatible with Article 6.2 and 6.5 of the Basic Law, lack of a transitional arrangement for old cases is unconstitutional S. 611-632

„… 2.1 million non-marital cohabitations in the Federal Republic in 2001, of whom 27.6 per cent lived …” „… against the order of the Federal Court of Justice (Bundesgerichtshof) of 4 April 2001 – XII ZB 3/00 –, the …” „… 1997 (Federal Law Gazette (Bundesgesetzblatt – BGBl) I page 2942) is not compatible with Article 6.2 …”

doi.org/10.5771/9783845237534

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Helga Haftendorn

Coming of Age

2006

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1 The Formative Phase of the Federal Republic S. 9-48

3 The Federal Republic of Germany in the Atlantic Alliance S. 83-120

doi.org/10.5771/9780742574168

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Reimund Seidelmann (ed.)

The New Germany

2011

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Hans-Juergen Schroeder From Division to Unity: The History of the Federal Republic of Germany S. 11-65

„… the Federal Republic’s relations with the Western Allies on a new basis. The Abortive European …” „… rearmament constituted a major opportunity to further increase the Federal Republic’s sovereignty. He …” „… Germany’s sovereignty, the creation of the West European Union (WEU), and the Federal Republic’s NATO …”

Alexander Grasse Federalism in Germany S. 239-269

„… Since its reunifi cation the Federal Republic of Germany has the following 16 states (fi gure 1 …” „… European levels. 2. Historical Development In 1949, when the Federal Republic of Germany (FRG) was founded …” „… Republic. The idea to create a federal system solely came from the U.S., while the Soviet Union advocated …”

Mathias Fich The German Party System S. 225-239

„… the Federal Republic’s history CDU Chancellors like Konrad Adenauer and Helmut Kohl ruled the 13 Cp …” „… Republic of Germany shall be unconstitutional. The Federal Constitutional Court shall rule on the question …” „… the personal dimension of parties´ ability to govern.12 9 In the history of the Federal Republic of …”

Ursula Birsl The German Parliamentarian System S. 189-208

„… come into force in 1949, the Federal Republic of Germany (FRG) has a parliamentarian system of …” „… GDR to the Federal Republic of Germany and the German reunifi cation on October 03, 1990, the …” „… the parliamentary system of government of the Federal Republic, with which lessons from the failure …”

Dieter Eissel Elections to the German Bundestag S. 208-225

„… since the fi rst election in the Federal Republic. Fringe political parties have had some limited …” „… Republic’s fi rst general election in August 1949 represented a coalition of the Christian Democrats …” „… elections to the federal parliament are held once every four years, local and state elections every four …”

Iwona A. Hanska Germany and Poland S. 360-373

„… Federal Republic of Germany (FRG). Through the Potsdam Agreement between the United States of America …” „… into four occupation zones and in 1949 into the Federal Republic of Germany (FRG) and the German …” „… re-united Federal Republic of Germany (FRG). Again, and as in the past, the basis for the redefi ned …”

Reimund Seidelmann Introduction S. 9-10

„… relations of the Federal Republic of Germany after unifi cation. Subjects have been selected due to their …”

Titelei/Inhaltsverzeichnis S. 2-8

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Reimund Seidelmann PART I: History From Division to Unity: The History of the Federal Republic of …”

Dieter Eissel The German Social Security System and its Reforms S. 121-137

„… federal government in 20012 and 20053, among those, mainly affected by poverty were unemployed and single …” „… % Federal Statistical Offi ce (ed.) 2006, p. 80, 2009, p. 88. Welfare has the function to safeguard human …” „… can claim for food, clothing, and housing, has decreased. Since the federal welfare law was passed in …”

Hanne-Margret Birckenbach Germany and European Integration S. 316-335

„… its constitution the Federal Republic of Germany declares the German people to be “inspired by the …” „… . The Federal Constitutional Court (Bundesverfassungsgericht) has always taken Europe-friendly positions …” „… Federal Constitutional Court (Bundesverfassungsgericht) 1999 The German EU-Presidency launches the project …”

Reimund Seidelmann Germany’s Security Policy S. 301-316

„… foundation of the Federal Republic of Germany, and a Soviet threat directed primarily against West Germany …” „… . Introduction In the preamble of its constitution the Federal Republic of Germany declares the German people to …” „… Germany (Poland, Czechoslovakia/Czech and Slovak Republic, Hungary) created for Germany a new security …”

Dieter Eissel The German Economy S. 75-103

„… integration. 2. Economic Development The economic development of the Federal Republic can be divided into …” „… the establishment of the Federal Cartel Offi ce, designed to prevent the return of German monopolies …” „… the federal government has encouraged concentration. Last but not least, the emergence of very large …”

Dieter Eissel The German Social Market Economy S. 103-111

„… Federal Republic of Germany?” 2. Alfred Mueller-Armack and the Concept of Social Market Economy The …” „… role as federal minister for economy in post-war Germany contributed largely to promote and implement …” „… Conservatives in the federal election of 1957, when the Christian Democrats won more than 50 % of the votes …”

Michael Dreyer Germany and the United States S. 349-360

„… , caused a decades-long territorial and border dispute between Poland and the Federal Republic of Germany …” „… position of the Federal Constitutional Court, had U.S. fi ngerprints all over it. It should be noted that …” „… well. Countries like Poland or the Czech Republic are sometimes easier to work with from an American …”

Markus Paesler Theory and Historical Development of the Social Market Economy in Germany S. 111-121

„… social market economy and obtained acceptance for decades in the Federal Republic of Germany?” 2 …” „… Economy in the FRG In the early years of the Federal Republic of Germany the economic situation was …”

Andreas Vasilache The Idea of Democracy in the West S. 147-168

„… philosophy – in particular Plato’s “Republic” and 150 Aristotle’s “Politics” have to be named here …” „… pre-democratic and democratic developments. The Roman political model of the republic uniting “senate and …” „… establishment of a democratic, but federal, not centralist state, the discussion of such a concept of a …”

Peter Walter The German Chancellors since 1949 S. 65-74

„… into the Federal Republic of Germany. In reference to his pro-European policies, Kohl combined German …” „… often-changing governments in the Republic of Weimar (1919 – 1939) and in order to ensure stability and …” „… the East German Democratic Republic (GDR) together with the military confrontation between East and …”

Kirsten Westphal Germany and Russia S. 373-382

„… closest Soviet ally, the Federal Republic of Germany (FRG) had been a member of the NATO and the European …” „… the territory of the former German Democratic Republic (GDR) had to be organised and fi nanced …”

Wichard Woyke French-German Cooperation: Axis and Engine in European Politics S. 335-349

„… German-French Friendship In 1958 de Gaulle came back to power when the 4th French Republic was confronted with …” „… collaps. The new 5th French Republic, which was established by de Gaulle and was characterised by a …” „… federal character of the European constitution, the stance on monetary policy, the costs of enlargement …”

Reimund Seidelmann Germany’s Foreign Policy S. 275-301

„… major central European actor. In historical comparison, the Federal Republic of Germany established in …” „… escalatory dynamic, or to end it in time, Third, the Republic of Weimar after 1919 as the fi rst democratic …” „… I – illustrate the effects of unwise alliance-building, the bilateral cooperation of the Republic …”

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