Bastille resolutions
The Bastille resolutions are a two-part resolution of the first senate of the Federal Constitutional Court of July 14, 1987, with which the then applicable professional standards for lawyers in Germany were declared incompatible with the fundamental right to freedom of occupation . The resolutions were named after the date on which they were passed, namely the anniversary of the storm on the Bastille on July 14, 1789.
Content of the resolutions
Until the decisions were made, the so-called professional guidelines were in effect for lawyers, with which the Federal Bar Association had specified the general professional rule of § 43 BRAO and codified rules of conduct for practicing the profession of lawyer, among other things. The court decided that these professional guidelines can not be the basis for engagement in professional freedom, as this type of standard setting the legal reservation of Art. 12 disregards para. 1, sentence 2 GG. In particular, the Federal Lawyers' Act did not contain any authorization for the Federal Bar Association to issue such regulations. As a result of the resolutions, the professional guidelines were entirely incompatible with the Basic Law, whereby a temporary application until a new regulation was made possible.
Consequences of the decisions
Up until 1994 there were no corresponding professional regulations. Only then were §§ 191a ff. BRAO introduced, in which the BRAK received a "constitutional meeting", the task of which was to issue articles of association within the framework of § 59b BRAO. As part of this competence, the professional code of conduct for lawyers and the specialist lawyer code were subsequently issued.
Web links
Individual proof
- ↑ BVerfG, decision of July 14, 1987, Az. 1 BvR 537/81.
