Cases
German Constitutional Court and the European Arrest Warrant
The German Federal Constitutional Court’s decisions on the European Arrest Warrant (EAW) represent a significant application of fundamental rights review to European criminal justice …
Investigative Secrecy (BVerfGE 57, 250): Parliamentary Committees
The Investigative Secrecy Decision (BVerfGE 57, 250, 17 March 1981) is a landmark judgment of the Federal Constitutional Court on the rights of witnesses before parliamentary investigative committees …
Lüth Case (1958): Indirect Effect of Fundamental Rights
The Lüth case (BVerfGE 7, 198) is the most significant decision of the Federal Constitutional Court on the effect of fundamental rights in private law. Decided on 15 January 1958, it established that …
Solange I and II: EU Law and German Constitutional Identity
The Solange decisions of the German Federal Constitutional Court are among the most important constitutional judgments in European Union law. Solange I (1974) and Solange II (1986) established the …
The Alimony Principle (BVerfGE 87, 1): Gender Equality and Family Law
The Alimony Principle Decision (BVerfGE 87, 1, 5 February 1992) is a landmark judgment of the Federal Constitutional Court on the constitutionality of post-marital alimony rules in German family law. …
The Aviation Security Act Decision (BVerfGE 115, 118): Human Dignity and Life
The Aviation Security Act Decision (BVerfGE 115, 118, 15 February 2006) is one of the most significant judgments of the Federal Constitutional Court on the absolute protection of human dignity. The …
The Brokdorf Decision (BVerfGE 69, 315): Freedom of Assembly
The Brokdorf Decision (BVerfGE 69, 315, 14 May 1985) is the leading judgment of the Federal Constitutional Court on freedom of assembly (Versammlungsfreiheit) under Article 8 of the Grundgesetz. The …
The Cannabis Decision (BVerfGE 90, 145): Proportionality and Criminalisation
The Cannabis Decision (BVerfGE 90, 145, 9 March 1994) is a significant judgment of the Federal Constitutional Court on the proportionality of criminal penalties for the possession and use of cannabis. …
The Elfes Decision (BVerfGE 6, 32): General Freedom of Action
The Elfes Decision (BVerfGE 6, 32, 16 January 1957) is a foundational judgment of the Federal Constitutional Court that established the general freedom of action (allgemeine Handlungsfreiheit) as the …
The European Arrest Warrant Before the Federal Constitutional Court
The European Arrest Warrant (EAW) decisions of the German Federal Constitutional Court represent a significant chapter in the development of constitutional limits on European criminal justice …
The Lisbon Treaty Decision (BVerfGE 123, 267) and Constitutional Limits on Integration
The Lisbon Treaty Decision (BVerfGE 123, 267, 30 June 2009) is the most comprehensive judgment of the Federal Constitutional Court on the constitutional limits of European integration. Delivered …
The Maastricht Decision (BVerfGE 89, 155) and Democratic Legitimacy
The Maastricht Decision (BVerfGE 89, 155, 12 October 1993) is a landmark judgment of the Federal Constitutional Court that established the constitutional framework for German participation in European …
The Mephisto Decision (BVerfGE 30, 173): Art and Personality
The Mephisto Decision (BVerfGE 30, 173, 24 February 1971) is the leading German constitutional case on the tension between artistic freedom (Kunstfreiheit) under Article 5(3) GG and the general right …
The Microcensus Decision (BVerfGE 27, 1): Informational Self-Determination
The Microcensus Decision (BVerfGE 27, 1, 16 July 1969) is a seminal judgment in which the Federal Constitutional Court recognised a constitutional protection against the unlimited collection, storage, …
The Numerus Clausus Decisions: University Admissions and Constitutional Rights
The Numerus Clausus decisions (BVerfGE 33, 303, 1972, and subsequent cases) are landmark judgments in which the Federal Constitutional Court established the constitutional framework for university …
The PSPP Decision (BVerfGE 154, 17): Ultra Vires and the ECB
The PSPP Decision (BVerfGE 154, 17, 5 May 2020) is one of the most controversial and consequential judgments in the history of the Federal Constitutional Court. For the first time, the Court found …
The Solange Decisions: German Constitutional Identity and EU Law
The Solange decisions of the German Federal Constitutional Court (Bundesverfassungsgericht) are foundational judgments in the constitutional architecture of the European Union. Solange I (1974, …