Organization

Copyright © 2012 BVerfG

Legal provisions examined
in proceedings involving the review of statutes and in constitutional complaint proceedings
(judicial year 2008)

Provision
(legal area)		 Senate Proceedings/File no.
Publication		 Number¹ of provisions examined Compatible Incompatible Void
I. II.
Act for Continuation of the Reform of Business Taxation Art. 3 no. 4 (a) of 29 October 1997 - Federal Law Gazette (BGBl) I p. 2590 - (constitutional boundaries of the Mediation Committee's competence) X 2 BvL 12/01 1 X
Reich Property Act (RVermG) § 19.1 of 16 May 1961 - BGBl I p. 597 - (entry into force in Berlin (West) of the provisions of the RVermG on property to be reverted X 2 BvF 4/05
BVerfGE 119, 394		 1 X
Trade Tax Act (GewStG) § 2.1 sentence 2 in the version promulgated on 14 May 1984 - BGBl I p. 657 -, amended by Art. 10 of the Tax Adjustment Act of 19 December 1985 - BGBl I p. 2436 (2451) - and § 15.3 no. 1 of the Income Tax Act (EStG) in the version promulgated on 27 February 1987 - BGBl I p. 657 (688) - (business enterprises' trade tax liability, § 15.3 no. 1 EStG) X 1 BvL 2/04 2 X
EStG § 10.1 no. 2 (a) in conjunction with § 10.3 in the version applicable for the assessment period 1997 and all subsequent versions including the subsequent provision of § 10.1 no. 3 (a) in conjunction with § 10.4, entered into force on 1 January 2005 by the Retirement Income Act of 5 July 2004 - BGBl I p. 1427 -, (constitutionality of the consideration of contributions to health and long-term care insurance in terms of income tax) X 2 BvL 1/06 1 X²
North-Rhine Westphalia Constitution Protection Act (VSG NRW) § 5.2 no. 11 in the version promulgated on 20 December 2006 - Law and Ordinance Gazette of North Rhine-Westphalia (GVBl NW) 2006 p. 620 - (fundamental right to the guarantee of the confidentiality and integrity of information technology systems) X 1 BvR 370/07
1 BvR 595/07		 1 X X
Hesse Public Safety and Order Act (HSOG) § 14.5 in the version promulgated on 14 January 2005 - Law and Ordinance Gazette (GVBl) I p. 14 - and § 184.5 Land Administrative Act (LVwG) Schleswig-Holstein in the version of Article 1 no. 6 (b) of the Act on the Adjustment of Provisions of Police Law and Law of Administrative Procedure of 13 April 2007 - GVBl p. 234 - (automatic number plate recognition) X 1 BvR 2074/05
1 BvR 1254/07		 2 X X
Hesse Private Broadcasting Act (HPRG) § 6.2 no. 4 of 25 January 1995 - GVBl I pp. 87 et seq. -, last amended by Article 2 of the Act of 13 December 2002 - GVBl I p. 778 - (participation of political parties in private broadcasting enterprises) X 2 BvF 4/03 1 X²
Inheritance Tax Act (ErbStG) § 13.1 no. 18 of 17 April 1974 - BGBl I p. 933 - (tax-free donations to political parties) X 2 BvL 4/05 1 X²
Transsexuals Act (TSG) § 8.1 no. 2 of 10 September 1980 - BGBl I p. 1654 - in the version of the Act Amending the Passport Act and other Provisions of 20 July 2007 - BGBl I p. 1566 - (recognition under the law on civil status of a married transsexual's new gender affiliation) X 1 BvL 10/05 1 X²
Land Civil Service Act of North Rhine-Westphalia (LBG NRW) § 25b in the version of the Act of 20 April 1999 - GVBl NRW p. 278 - and in all subsequent versions (appointment of civil servants to senior executive positions on a fixed-term basis) X 2 BvL 11/07 1 X X
Civil Servants Pension Act (BeamtVG) § 85.4 sentence 2 in the version promulgated on 16 March 1999 - BGBl I p. 322 - (calculation of part-time civil servants' pension rates) X 2 BvL 6/07 1 X² X
Federal Electoral Act (BWG) § 7.3 sentence 2 in conjunction with § 6.4 and 6.5 in the Version of the 17th Act to Amend the Federal Electoral Act of 11 March 2005 - BGBl I p. 674 - (effect of what is known as the negative voting weight or inverse success value) X 2 BvC 1/07
2 BvC 7/07		 1 X²
Land Non-Smoking Act (LNRSchG) Baden-Württemberg § 7.1 sentence 1 and 7.5 sentence 2 of 25 July 2007 - Law Gazette (GBl) BW p. 337 - and § 2.1 no. 8 of the Berlin Non-Smoking Act (NRSG) of 16 November 2007 - Berlin Law and Ordinance Gazette p. 578 - (ban on smoking in eating and drinking establishments) X 1 BvR 3262/07
1 BvR 402/08
1 BvR 906/08		 2 X²
Act on Legal Advice and Representation for Citizens with Low Income (BerHG) § 2.2 of 18 June 1980 - BGBl I p. 689 - in the version of the Act Amending the Act on Legal Advice and Representation for Citizens with Low Income and other Statutes of 14 September 1994 - BGBl I p. 2323 - (grant of legal advice and representation in matters related to child benefit according to the Income Tax Act) X 1 BvR 2310/06 1 X²
Single Payment Implementation Act (BetrPrämDurchfG) Art. 1 §§ 2, 4.1 with Appendix 1, § 5.1 and § 6.1 with Appendix 3 of 21 July 2004 in the version of the Act Amending the Single Payment Implementation Act of 23 July 2004 - BGBl I p. 1861 -, promulgated in its new version on 26 July 2004 - BGBl I p. 1868 - (grant of single farm payments) X 1 BvF 4/05 1 X
Sixth Book of the Code of Social Law (SGB VI) § 237.4 sentence 1 no. 3 in the version of Art. 1 no. 76 of the Pension Reform Act (RRG) 1999 of 16 December 1997 - BGBl I p. 2998 -, last amended by Art. 1 no. 8 of the 5th Act Amending the SGB VI of 4 December 2004 - BGBl I p. 3183 - and § 237.3 SGB VI in the version of Art. 1 no. 76 RRG 1999 of 16 December 1997 - BGBl I p. 2998 - in conjunction with § 77.2 sentence 1 no. 2 letter a SGB VI in its version of Art. 1 no. 22 of the Act Reforming the Pensions for Reduced Earning Capacity of 20 December 2000 - BGBl I p. 1827 - (favourable treatment of insured persons with 45 obligatory contribution years when drawing old-age pensions on account of unemployment or part-time work leading into retirement) X 1 BvL 3/05
1 BvL 4/05
1 BvL 5/05
1 BvL 6/05
1 BvL 7/05		 1 X
EStG § 9.2 sentences 1 and 2 in the version applicable since the entry into force of the Tax Reform Act 2007 of 19 July 2006 - BGBl I p. 1652 X 2 BvL 1/07
2 BvL 2/07
2 BvL 1/08
2 BvL 2/08		 1 X
Total 8 9   20 4 5
8²		 4

¹ if a decision concerned several provisions of a law or ordinance, it was only counted once
² partial incompatibility