Article 9 of the Basic Law for the Federal Republic of Germany

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Article 9 of the German Basic Law (GG) is located in the first section of the Basic Law, which guarantees basic rights . The article guarantees freedom of association and freedom of association .

The basic rights of Art. 9 GG can be shortened by conflicting constitutional law.

Normalization

Art. 9 GG has read as follows since its last amendment on June 25, 1968:

Article 9 of the Basic Law - a work by Dani Karavan on the glass panes on the Spree side at the Jakob-Kaiser-Haus of the German Bundestag in Berlin.

(1) All Germans have the right to form clubs and societies.

(2) Associations whose purposes or activities run counter to criminal law or which are directed against the constitutional order or the idea of ​​international understanding are prohibited.

(3) The right to form associations to maintain and promote working and economic conditions is guaranteed for everyone and for all professions. Agreements that limit or attempt to hinder this right are void, measures aimed at this are illegal. Measures in accordance with Articles 12a, 35 Paragraphs 2 and 3, Article 87a Paragraph 4 and Article 91 may not be directed against industrial disputes that are waged to safeguard and promote the working and economic conditions of associations within the meaning of sentence 1.

The freedom of association guaranteed by Art. 9, Paragraph 1 of the Basic Law primarily serves to ward off sovereign interference in the right to freely form associations . The fundamental right therefore represents a right to freedom . Because of its collective reference, this is closely related to the freedom of assembly ( Art. 8 GG). Furthermore, Art. 9 Paragraph 1 GG obliges the state to create the necessary foundations so that private individuals can effectively form associations. This includes the creation of an association law . According to Article 1, Paragraph 3 of the Basic Law, freedom of association binds the three state powers executive , legislative and judicial .

Art. 9 paragraph 3 GG guarantees the freedom of association . This is the right to form coalitions to preserve and promote working and economic conditions. Coalitions are conceptually freely formed, independent, free of opponents and, according to the prevailing opinion, organized across companies. Freedom of association is a special form of freedom of association. It has a larger group of addressees than Art. 9 Paragraph 1 GG: It addresses everyone who aims to restrict freedom of association. In addition to state powers, this also binds private individuals. Art. 9 paragraph 3 GG is the only fundamental right that has direct third-party effect .

History of origin

The right to unite with other persons was guaranteed for the first time in the German-speaking area by § 162 of the Paulskirchenverstellung from 1849. However, due to the resistance of numerous German states, this constitution did not prevail, so that its guarantees had no legal effect.

The imperial constitution of 1871 did not contain a catalog of fundamental rights and therefore did not guarantee freedom of association.

The Weimar Constitution of 1919 guaranteed freedom of association in Art. 159 WRV. Separately from this, she guaranteed freedom of association in Art. 165 WRV. The freedom of association was suspended by the Reichstag Fire Ordinance of 1933. Freedom of association was also eroded under the rule of National Socialism, as existing trade unions were dissolved and incorporated into the German Labor Front .

After the capitulation and occupation of Germany by the victorious powers, the western allies began to restore freedom of association. First of all, some state constitutions were passed in West Germany that guaranteed freedom of association and association. The Parliamentary Council, which developed the Basic Law between 1948 and 1949, also decided to incorporate freedom of association and freedom of association in the new federal constitution. The first and so far only amendment to Art. 9 GG took place in the course of the emergency legislation of 1968. This expressly ruled out that certain emergency instruments are directed against industrial disputes .

Freedom of association

Constitutional guidelines on freedom of association and its limits

In a rejection decision of July 13, 2018 based on constitutional complaints against three association bans, the Federal Constitutional Court set out the constitutional guidelines on freedom of association and its limits in its guiding principles:

1. Article 9 (1) of the Basic Law protects the founding and existence of associations. As an expression of a pluralistic but well-fortified constitutional democracy, Article 9 (2) of the Basic Law sets a limit on freedom of association.

2. Any encroachment on the freedom of association is proportionality. If the prohibition in Article 9 (2) of the Basic Law has been established, an association must be prohibited; but if measures are available to protect the legal interests named in Art. 9 (2) GG equally effectively, they take precedence as milder means.

3. The authority to prohibit Article 9 (2) of the Basic Law is to be interpreted narrowly.

a. An association fulfills the prohibition of Art. 9 Para. 2, 1st alt. GG, if the identifiable purpose or activity of the association is essentially to provoke or encourage, enable or facilitate the commission of criminal offenses by members or third parties by promoting their criminal behavior or identifying itself with them.
b. An association fulfills the prohibition of Art. 9 Para. 2, 2nd alt. GG, if it is directed against the constitutional order by adopting a combative and aggressive attitude towards the outside world towards the elementary principles of the constitution.
c. An association fulfills the prohibition of Art. 9 Para. 2, 3rd alt. GG if it actively propagates and promotes violence or similarly serious acts contrary to international law such as terrorism in international relations or between parts of the population. This can also happen through the promotion of third parties, if this is objectively capable of seriously, seriously and lastingly impairing the idea of ​​international understanding, and the association knows this and at least approves it. At the same time, bans on associations must not prevent all forms of humanitarian aid in crisis areas because of its indirect effects that promote terrorism.

4. Insofar as a prohibition of association under Article 9 (2) of the Basic Law is based on actions protected by constitutional rights or affects other fundamental rights, these fundamental rights must be observed in the context of the justification of the interference in Article 9 (1) of the GG. A ban on association must not prohibit what the civil liberties would otherwise allow, and it must not be directed unilaterally against certain political views.

Protection area

Freedom of association protects citizens from restrictions on their right to voluntarily and unhinderedly form associations. To this end, it guarantees a sphere of freedom that sovereigns may only intervene under certain conditions. If the sovereign intervenes in this and this is not constitutionally justified, he violates the freedom of association.

The personal protection area determines who is protected by the fundamental right. The objective area of ​​protection determines which freedoms are protected by the fundamental right.

Personally

Art. 9 paragraph 1 GG guarantees the freedom of association for Germans, which is why this fundamental right is a German right . All German citizens are deemed to be Germans in accordance with Article 116, Paragraph 1 of the Basic Law. It is disputed whether, because of the prohibition of discrimination under Union law ( Art. 18 of the Treaty on the Functioning of the European Union ), EU member states must be included in the scope of protection of the fundamental right.

The extent to which associations of persons, in particular legal persons under private law, can be bearers of fundamental rights is determined in accordance with Article 19 paragraph 3 of the Basic Law. According to this, domestic associations of persons are entitled to fundamental rights, provided that the fundamental right by its nature is applicable to them. Whether Art. 19 Paragraph 3 GG also represents the decisive yardstick for freedom of association is disputed. The Federal Constitutional Court and numerous authors assume that associations of persons are already entitled to fundamental rights through the guarantee of freedom of association. A contrary view sees this as a circumvention of the special provision of Art. 19 Paragraph 3 GG. However, both views agree that domestic associations are directly protected by freedom of association.

Factual

The material scope of protection of Art. 9 Paragraph 1 GG protects the formation of associations and societies. These are associations of at least two people on a voluntary basis who pursue a common purpose and organize themselves as a collective for this purpose. The purpose can be of any nature according to prevailing opinion. This essentially corresponds to the conditions that § 2 paragraph 1 of the Associations Act provides to the existence of an association.

As the flip side of the protection of the free formation of associations, Art. 9 paragraph 1 GG also protects the right not to join an association. This negative freedom of association protects against being forced to join a private organization. It is disputed in jurisprudence whether this guarantee opposes the compulsion to membership in a public corporation , for example professional chambers . The Federal Constitutional Court has consistently ruled that this is not the case: Article 9 (1) of the Basic Law is tailored to associations under private law, since the establishment and existence of public corporations are not determined by fundamental rights holders but by those obliged to do so. Therefore, there is no positive guarantee of Art. 9 Paragraph 1 GG with regard to associations under public law, so that there is no basis for negative freedom of assembly as a downside. Some legal scholars criticize this view for misunderstanding the scope of freedom of association.

The right of the association to organize itself and to take up activities that secure its livelihood is also protected by Article 9 (1) of the Basic Law. This includes, for example, the decision to accept a new member as well as advertising for such. Activities going beyond this are not protected by the freedom of association, since the freedom of association does not establish any general freedom of action for associations.

Fundamental rights competitions

If the area of ​​protection of several fundamental rights is affected in one issue, these are in competition with one another.

As a special right of freedom, freedom of assembly supersedes general freedom of action ( Art. 2, Paragraph 1, Basic Law). As far as the area of ​​protection of Art. 9 Paragraph 1 GG is opened, this fundamental right is decisive for the assessment of the legality of an encroachment on fundamental rights. Therefore, the freedom of association of foreigners who are not covered by the personal area of ​​protection of Art. 9 Paragraph 1 GG is protected by the general freedom of action.

If a certain form of activity of an association falls within the scope of protection of another fundamental right, this alone is relevant. For example, the protection of religious or ideological activities of an association is assessed on the basis of the freedom of belief in Article 4 of the Basic Law. For political parties , Art. 21 GG is more special than Art. 9 GG.

Intervention

An encroachment occurs when the guarantee content of a basic right is shortened by sovereign action. Art. 9 paragraph 2 GG names the prohibition of an association as the most severe form of interference with the freedom of association. Measures that are directed against the livelihood of an association, such as the confiscation of its assets, are similarly intrusive. Another targeted encroachment on fundamental rights is the surveillance of an association.

The norms that concretize the main features of the association are not encroachments on fundamental rights. This applies, for example, to the civil-legal association law, which defines the establishment, structure and legal transaction of associations.

Justification of an Intervention

Art. 9 GG does not provide for any possibility of restricting freedom of association. However, the Federal Constitutional Court recognizes the possibility of restricting this fundamental right. This can result from constitutional law that conflicts with freedom of assembly. This possibility of restriction is based on the fact that constitutional provisions, as rights of equal rank, do not displace one another, but are brought into a relationship of practical concordance in the event of a collision . This requires a balance between freedom of association and the colliding good. This is intended to create a balance that is as gentle as possible and that gives each constitutional good the widest possible validity on both sides. An encroachment on the freedom of association based on the violation of a constitutional good also requires legal specification.

Art. 9, Paragraph 2 of the Basic Law, which prohibits associations that are directed against criminal law, the constitutional order or the idea of ​​international understanding, is a conflict of constitutional law. According to the Association Act, this provision is enforced by the Federal Minister of the Interior or a supreme state authority. This provision does not apply to political parties: Art. 21 paragraph 2 GG finally regulates the conditions under which these may be prohibited. The conditions under which an association acquires party status are assessed in accordance with Section 2 of the Political Parties Act . According to this, it is necessary that the association wants to influence the formation of political will at least for a longer period of time for the federal or state level and participate in the representation of the people in the Bundestag or a state parliament. Furthermore, according to the overall picture of the actual circumstances, in particular according to the scope and strength of its organization, according to the number of its members and according to its appearance in public, it must offer sufficient assurance that this objective is serious.

Freedom of association

Protection area

Personally

Art. 9 Paragraph 3 GG, unlike Art. 9 Paragraph 1 GG, does not restrict the group of fundamental rights holders, so that the fundamental right protects everyone. The fundamental right protects both employers and employees . Also, officials can invoke the freedom of association. Coalitions of employers and employees are also entitled to fundamental rights.

Factual

Freedom of association protects the right to form a coalition to negotiate working and economic conditions. According to the jurisprudence, this represents the basis of the term coalition. The jurisprudence developed further criteria that are essential features of a coalition. One such criterion is the principle of inter-company nature. This means that a coalition must be independent of its social opponent, since only in this case is it strong enough to negotiate about working and economic conditions. In addition, a coalition must be composed exclusively of members of one social group.

Freedom of association guarantees the individual right to join a coalition or to stay away from it. The free activity of the coalition is also protected, especially with regard to activities that are necessary for the continued existence of the coalition, such as recruiting for and excluding members. Finally, the fundamental right guarantees collective bargaining autonomy . This is the right of coalitions to negotiate about working and economic conditions free of state influence or coercion. This is done through the conclusion of collective agreements . According to Section 1 (1) of the Collective Bargaining Act (TVG), these contain legal norms . Finally, Article 9 (3) of the Basic Law protects the freedom of industrial action . This includes measures by employers or employers to exert pressure on the other side and to create a negotiated balance between the parties involved. These include strikes and lockouts , for example . According to the case law, Art. 9 Paragraph 3 GG also protects flash mobs . In legal doctrine this met with contradiction, since flash mobs go beyond the limits of a permissible means of industrial action.

Fundamental rights competitions

Art. 9 paragraph 3 GG is more special than the general freedom of association. Due to the protection of the free activity of the coalitions by Art. 9 Paragraph 3 GG, such fundamental rights can also be suppressed that protect these forms of activity. These include, for example, the fundamental rights of communication under Art. 5 GG and the freedom of assembly under Art. 8 GG.

Intervention

Interventions in Art. 9 Paragraph 3 GG represent all sovereign measures which impair the freedom of coalitions. These include restrictions on labor disputes and collective bargaining autonomy.

Legal formations of the freedom of association do not represent any encroachments. These are necessary to a certain extent, since the freedom of association requires a legal framework that regulates the effect of collective agreements, for example.

justification

Article 9 paragraph 3 GG does not contain a legal reservation. The limit of Art. 9 Paragraph 2 GG is not applicable to the freedom of association for reasons of the legal system. In the absence of a legal reservation, encroachments on freedom of association may only take place to protect conflicting constitutional law.

Conflicting constitutional law is, for example, the traditional principles of the professional civil service, which the legislature has to regulate and develop in accordance with Article 33, Paragraph 5 of the Basic Law. The German case law regards the prohibition on civil servants to strike as such a principle. According to the case law of the European Court of Human Rights (ECHR), such strike bans are in tension with Article 11 of the European Convention on Human Rights (ECHR), which guarantees freedom of assembly and association. The ECHR influences the interpretation of national law, which must be consistent with the rights of the ECHR and the case law of the ECHR. As a result, the Federal Administrative Court ruled that the unrestricted strike ban is incompatible with the case law of the European Court of Human Rights. It is therefore up to the legislature to regulate civil servants' right to strike.

Article 9, Paragraph 3 of the Basic Law itself is another conflicting constitutional law. This fundamental right obliges the state to ensure the functioning of collective bargaining autonomy. In order to achieve this, the legislature can intervene in the freedom of association, for example by ordering the collective bargaining unit . According to this, only one collective agreement may apply within a company. After the Federal Labor Court had recognized this principle for a long time as a judge's right, the legislature established the collective bargaining unit in the Collective Bargaining Act of July 10, 2015.

All measures that affect freedom of association must respect the principle of proportionality . This obliges both the state and private individuals. The labor jurisdiction therefore examines labor disputes in particular for their proportionality and considers them to be unlawful if they represent a disproportionate burden on the other party or third parties. Measures aimed at goals that cannot be achieved are disproportionate. This applies, for example, to strikes that are aimed at general political goals.

literature

  • Hartmut Bauer: Art. 9 . In: Horst Dreier (Ed.): Basic Law Comment: GG . 3. Edition. Volume I: Preamble, Articles 1-19. Tübingen, Mohr Siebeck 2013, ISBN 978-3-16-150493-8 .
  • Wolfram Höfling: Art. 9 . In: Michael Sachs (Ed.): Basic Law: Comment . 7th edition. CH Beck, Munich 2014, ISBN 978-3-406-66886-9 .
  • Hans Jarass: Art. 9 . In: Hans Jarass, Bodo Pieroth: Basic Law for the Federal Republic of Germany: Comment . 28th edition. CH Beck, Munich 2014, ISBN 978-3-406-66119-8 .
  • Christoph Kannengießer: Art. 9 . In: Bruno Schmidt-Bleibtreu, Hans Hofmann, Hans-Günter Henneke (eds.): Commentary on the Basic Law: GG . 13th edition. Carl Heymanns, Cologne 2014, ISBN 978-3-452-28045-9 .
  • Wolfgang Löwer: Art. 9 . In: Ingo von Münch, Philip Kunig (Ed.): Basic Law: Comment . 6th edition. CH Beck, Munich 2012, ISBN 978-3-406-58162-5 .
  • Stephan Rixen: Art. 9 . In: Klaus Stern, Florian Becker (Ed.): Basic rights - Commentary The basic rights of the Basic Law with their European references . 2nd Edition. Carl Heymanns Verlag, Cologne 2016, ISBN 978-3-452-28265-1 .
  • Jan Ziekow: § 107 . In: Detlef Merten, Hans-Jürgen Papier (ed.): Handbook of fundamental rights in Germany and Europe . Volume IV: Fundamental Rights in Germany - Individual Fundamental Rights ICH Beck, Munich 2011, ISBN 978-3-8114-4443-0 .

Individual evidence

  1. ↑ Stephan Rixen: Art. 9 , Rn. 10. In: Klaus Stern, Florian Becker (Hrsg.): Basic rights - Commentary The basic rights of the Basic Law with their European references . 2nd Edition. Carl Heymanns Verlag, Cologne 2016, ISBN 978-3-452-28265-1 .
  2. ↑ BVerfGE 10, 354 (361) : Bavarian Medical Supply.
  3. ↑ Wolfram Höfling: Art. 9 , Rn. 3. In: Michael Sachs (Ed.): Basic Law: Comment . 7th edition. CH Beck, Munich 2014, ISBN 978-3-406-66886-9 .
  4. ^ Friedhelm Hufen: Staatsrecht II: Grundrechte . 5th edition. CH Beck, Munich 2016, ISBN 978-3-406-69024-2 , § 31, Rn. 18th
  5. ↑ Wolfram Höfling: Art. 9 , Rn. 31. In: Michael Sachs (Ed.): Basic Law: Comment . 7th edition. CH Beck, Munich 2014, ISBN 978-3-406-66886-9 .
  6. ^ Friedhelm Hufen: Staatsrecht II: Grundrechte . 5th edition. CH Beck, Munich 2016, ISBN 978-3-406-69024-2 , § 31, Rn. 11.
  7. ^ Friedhelm Hufen: Staatsrecht II: Grundrechte . 5th edition. CH Beck, Munich 2016, ISBN 978-3-406-69024-2 , § 31, Rn. 16.
  8. ↑ Stephan Rixen : Art. 9 , Rn. 2-3. In: Klaus Stern, Florian Becker (Ed.): Basic rights - Commentary The basic rights of the Basic Law with their European references . 2nd Edition. Carl Heymanns Verlag, Cologne 2016, ISBN 978-3-452-28265-1 .
  9. ↑ Stephan Rixen: Art. 9 , Rn. 4. In: Klaus Stern, Florian Becker (Hrsg.): Basic rights - Commentary The basic rights of the Basic Law with their European references . 2nd Edition. Carl Heymanns Verlag, Cologne 2016, ISBN 978-3-452-28265-1 .
  10. ↑ Stephan Rixen: Art. 9 , Rn. 8. In: Klaus Stern, Florian Becker (Hrsg.): Basic rights - Comment The basic rights of the Basic Law with their European references . 2nd Edition. Carl Heymanns Verlag, Cologne 2016, ISBN 978-3-452-28265-1 .
  11. ↑ Stephan Rixen: Art. 9 , Rn. 9. In: Klaus Stern, Florian Becker (Hrsg.): Basic rights - Commentary The basic rights of the Basic Law with their European references . 2nd Edition. Carl Heymanns Verlag, Cologne 2016, ISBN 978-3-452-28265-1 .
  12. ↑ Constitutional complaints against association bans unsuccessful: Press release No. 69/2018 of August 21, 2018 on the decision of July 13, 2018 1 in the proceedings BvR 1474/12, 1 BvR 57/14 and 1 BvR 670/13 . Federal Constitutional Court. August 21, 2018. Archived from the original on August 23, 2018. Retrieved on August 23, 2018.
  13. ↑ Federal Constitutional Court, decision of the First Senate of July 13, 2018 - 1 BvR 1474/12 - Rn. (1-167) . Federal Constitutional Court. July 13, 2018. Archived from the original on August 23, 2018. Retrieved on August 23, 2018.
  14. ↑ Hans Jarass: Preparation before Art. 1 , marginal no. 19-23. In: Hans Jarass, Bodo Pieroth: Basic Law for the Federal Republic of Germany: Comment . 28th edition. CH Beck, Munich 2014, ISBN 978-3-406-66119-8 .
  15. ^ Friedhelm Hufen: Staatsrecht II: Grundrechte . 5th edition. CH Beck, Munich 2016, ISBN 978-3-406-69024-2 , § 6, Rn. 2.
  16. ↑ Hans Jarass: Preparation before Art. 1 , marginal no. 19-23. In: Hans Jarass, Bodo Pieroth: Basic Law for the Federal Republic of Germany: Comment . 28th edition. CH Beck, Munich 2014, ISBN 978-3-406-66119-8 .
  17. ^ Friedhelm Hufen: Staatsrecht II: Grundrechte . 5th edition. CH Beck, Munich 2016, ISBN 978-3-406-69024-2 , § 6, Rn. 2.
  18. ↑ a b BVerfGE 84, 372 (378) : Lohnsteuerhilfeverein.
  19. ↑ BVerfGE 30, 227 (241) : Association name.
  20. ↑ Wolfgang Löwer: Art. 9 , Rn. 23. In: Ingo von Münch, Philip Kunig (Ed.): Basic Law: Commentary . 6th edition. CH Beck, Munich 2012, ISBN 978-3-406-58162-5 .
  21. ↑ Jan Ziekow: § 107 , Rn. 11-12. In: Detlef Merten, Hans-Jürgen Papier (ed.): Handbook of fundamental rights in Germany and Europe . Volume IV: Fundamental Rights in Germany - Individual Fundamental Rights ICH Beck, Munich 2011, ISBN 978-3-8114-4443-0 .
  22. ↑ Wolfram Höfling: Art. 9 , Rn. 27. In: Michael Sachs (Ed.): Basic Law: Commentary . 7th edition. CH Beck, Munich 2014, ISBN 978-3-406-66886-9 .
  23. ^ Lothar Michael, Martin Morlok: Grundrechte . 6th edition. Nomos, Baden-Baden 2017, ISBN 978-3-8487-3871-7 , Rn. 289
  24. ↑ a b BVerfGE 10, 89 (102) : Erftverband.
  25. ↑ Hans Jarass: Art. 9 , Rn. 7. In: Hans Jarass, Bodo Pieroth: Basic Law for the Federal Republic of Germany: Commentary . 28th edition. CH Beck, Munich 2014, ISBN 978-3-406-66119-8 .
  26. ↑ Stefan Muckel: Comment on BVerfG, decision of July 12, 2017, 1 BvR 2222/12, 1 BvR 1106/13. In: Legal worksheets 2017, p. 878.
  27. ↑ BVerfGE 83, 341 (354) : Baha'i.
  28. ↑ a b c Thomas Günther, Einiko Franz: Basic cases to Art. 9 GG . In: Juristische Schulung 2006, p. 873 (875).
  29. ^ Michael Sachs: Constitutional Law II - Basic Rights . 3. Edition. Springer, Berlin 2017, ISBN 978-3-662-50363-8 , Chapter 8, Rn. 1.
  30. ↑ BVerfGE 50, 290 (355) : Co-determination.
  31. ↑ Tristan Kalenborn: The practical concordance in case processing . In: Juristische Arbeitsblätter 2016, p. 6 (8).
  32. ^ Friedhelm Hufen: Staatsrecht II: Grundrechte . 5th edition. CH Beck, Munich 2016, ISBN 978-3-406-69024-2 , § 31, Rn. 17th
  33. ↑ Christoph Kannengießer: Art. 9 , Rn. 23. In: Bruno Schmidt-Bleibtreu, Hans Hofmann, Hans-Günter Henneke (eds.): Commentary on the Basic Law: GG . 13th edition. Carl Heymanns, Cologne 2014, ISBN 978-3-452-28045-9 .
  34. ↑ Christoph Kannengießer: Art. 9 , Rn. 24. In: Bruno Schmidt-Bleibtreu, Hans Hofmann, Hans-Günter Henneke (eds.): Commentary on the Basic Law: GG . 13th edition. Carl Heymanns, Cologne 2014, ISBN 978-3-452-28045-9 .
  35. ↑ BVerfGE 4, 96 (106) : Hat factory.
  36. ↑ BVerfGE 50, 290 (373) : Co-determination.
  37. ↑ BVerfGE 57, 220 (246) : Bethel.
  38. ↑ BVerfGE 93, 352 (357) : Member recruitment II.
  39. ↑ Christoph Kannengießer: Art. 9 , Rn. 27. In: Bruno Schmidt-Bleibtreu, Hans Hofmann, Hans-Günter Henneke (eds.): Commentary on the Basic Law: GG . 13th edition. Carl Heymanns, Cologne 2014, ISBN 978-3-452-28045-9 .
  40. ↑ BVerfGE 88, 103 (114) : Strikes by officials.
  41. ↑ BVerfGE 84, 212 : lockout.
  42. ↑ BAGE 132, 140 .
  43. ↑ BVerfG, judgment of March 26, 2014, 1 BvR 3185/09 = Neue Juristische Wochenschrift 2014, p. 1874.
  44. ^ Friedhelm Hufen: Staatsrecht II: Grundrechte . 5th edition. CH Beck, Munich 2016, ISBN 978-3-406-69024-2 , § 37, Rn. 28.
  45. ↑ Christoph Kannengießer: Art. 9 , Rn. 34-35. In: Bruno Schmidt-Bleibtreu, Hans Hofmann, Hans-Günter Henneke (eds.): Commentary on the Basic Law: GG . 13th edition. Carl Heymanns, Cologne 2014, ISBN 978-3-452-28045-9 .
  46. ↑ Thomas Günther, Einiko Franz: Basic cases to Art. 9 GG . In: Juristische Schulung 2006, p. 873 (874).
  47. ↑ BVerfGE 8, 1 (17) : Inflation allowance.
  48. ↑ ECHR, judgment of November 12, 2008, 34503/97 = Neue Zeitschrift für Arbeitsrecht 2010, p. 1425.
  49. ↑ Lars Michaelis: The civil service strike ban . In: Juristische Arbeitsblätter 2015, p. 121 (123–124).
  50. ↑ BVerwGE 149, 117 .
  51. ↑ BVerwG, decision of February 26, 2015, 2 B 6/15 = Neue Zeitschrift für Verwaltungsrecht 2015, p. 811.
  52. ^ BAGE 123, 134 .