Essence guarantee
The essential content guarantee is the guarantee in German constitutional law guaranteed by Article 19, Paragraph 2 of the Basic Law , according to which basic rights in their "essential content" must not be affected.
Protection of the core area
Basically, it is assumed that every fundamental right has an inviolable "core" in which the state is not allowed to intervene. This absolute approach is based on the assumption that human dignity is part of every fundamental right in the sense of a subjective right . Since human dignity is inviolable according to Article 1, Paragraph 1 of the Basic Law, this is extended to the other basic rights.
The part outside the actual core is seen as open to consideration. It remains controversial to whom the protection ultimately relates. On the one hand, this could be the general guarantee of fundamental rights, on the other hand, exclusively the guarantee of fundamental rights, based on the individual carrier.
Austria and Switzerland
In Austria, there is also no norm in the Basic Law on the general rights of citizens that corresponds to German law . In principle, however, the essential content guarantee applies in all constitutional states , so that the principles are also applicable there.
In Switzerland , Article 36, Paragraph 4 of the Federal Constitution of the Swiss Confederation declares the core content of the fundamental rights inviolable.
See also
literature
Germany
- Peter Häberle : The essential content guarantee of Art. 19 Para. 2 GG. CF Müller, 3rd edition, Heidelberg 1983, ISBN 3-8114-1583-2 .
- Claudia Drews: The essential content guarantee of Art. 19 Abs. 2 GG. Nomos, Baden-Baden 2005, ISBN 3-8329-1330-0 .
Austria
- Manfred Stelzer: The essential content argument and the principle of proportionality. Springer, Vienna 1991, ISBN 3-211-82295-X .
