2011 Census Act

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Basic data
Title: Law on the register-based census in 2011
Short title: 2011 Census Act
Abbreviation: ZensG 2011
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Administrative law
References : 29-37
Issued on: July 8, 2009 ( BGBl. I p. 1781 )
Entry into force on: July 16, 2009
Please note the note on the applicable legal version.

The Federal German Census Act 2011 regulates the implementation of the EU-wide census in 2011 . The law came into force on July 16, 2009 as Article 1 of the Act to Order the 2011 Census and Amending Statistics Laws.

With the Census Act, the EU Regulation 763/2008, which provides for data to be collected every ten years, will be implemented in German law. It regulates the survey characteristics (e.g. age, gender, school leaving certificate or living space), defines the persons required to provide information and makes statements on merging the survey parts and deletion periods for auxiliary characteristics.

Emergence

The political controversy over this law was shaped by the question of the distribution of financial burdens between the federal and state governments, which was also the subject of the 187th meeting of the Conference of Interior Ministers and resulted in the decision that the Federal Ministry of the Interior and the IMK would like “an independent cost calculation by the audit offices of Arrange for the federal and state governments so that the federal government can achieve an appropriate contribution to the costs. "

On December 3, 2008, the Federal Cabinet passed a draft law “to order the 2011 census and to amend statistical laws ”. This envisaged a one-to-one implementation of the mandatory features required by the EU. As part of the legislative process , the draft law was immediately forwarded to the Federal Council, which dealt with it on February 13, 2009. In the government draft, the states criticized the establishment of a reference database at the federal level and questioned the feasibility of what they consider to be a "database system that has never been used before". In addition, the Federal Council requires religious affiliation to be included as a survey criterion in the supplementary household sample. Finally, the federal states demanded "that the federal government should contribute half of the costs of the approximately 528 million expensive survey." Contrary to the recommendations of its committees, the Federal Council rejected the demands on questions about rent, energy and vacancy in the building and apartment census. I.e. With the exception of religious affiliation, the resolution of the Federal Council also provides for the one-to-one implementation of the EU requirements.

The government draft of the 2011 Census Act was discussed in the first reading in the Bundestag on March 19, 2009 and referred to a total of seven committees, with the Interior Committee taking the lead. Religious affiliation and migration background were named as topics.

Regulations

The 2011 Census Act set the key date for the survey as May 9, 2011 (Section 1), defines the survey units (Section 2, e.g. people and households, buildings with living space) and defines the terminology (e.g. official population figures , Flat).

For the individual parts of the survey (e.g. § 3 evaluation of the population register, § 6 census of buildings and apartments, § 7 household survey on a sample basis) the characteristics are specified and it is regulated how these may be merged (§ 9).

With the exception of the question of belief in a religion, belief or belief in the household sample, the obligation to provide information applies throughout (Section 18).

The auxiliary features (e.g. name, address) must be deleted no later than four years after the reporting date (Section 19).

The federal government granted the federal states a financial allocation of 250 million euros on July 1, 2011 to offset the costs of preparing and carrying out the register-based census (Section 25).

Further details on the type, scope and distribution of the surveys are regulated in the Sampling Ordinance Census Act 2011 of June 25, 2010 ( Federal Law Gazette I p. 830 ).

Proceedings before the Federal Constitutional Court

On July 16, 2010, the working group on data retention filed a constitutional complaint with more than 10,000 supporters' signatures. However, this was not accepted for decision by the Federal Constitutional Court in its decision of September 21, 2010. The reason given is that the constitutional complaint does not meet the requirements that the Federal Constitutional Court Act places on the justification of a constitutional complaint.

In its judgment of September 19, 2018, the Federal Constitutional Court upheld the provisions of the Census Act 2011, the Census Preparation Act 2011 and the Sampling Ordinance of the Census Act 2011, in particular the determination of the official population figures, which were criticized by the Senate of Berlin and the Senate of the Free and Hanseatic City of Hamburg by way of norm control a survey based largely on existing register data instead of a traditional census is compatible with the Basic Law.

See also

Individual evidence

  1. Regulation (EC) No. 763/2008 (PDF) of the European Parliament and of the Council of 9 July 2008 on population and housing censuses
  2. Schönbohm threatens the failure of the Welt-Online census of November 14, 2008, 7:07 pm
  3. Federal Council: Resolutions of the 187th meeting of the Conference of Interior Ministers ( memento of the original of February 24, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Potsdam, November 21, 2008  @1@ 2Template: Webachiv / IABot / www.bundesrat.de
  4. Draft of a law to order the 2011 census as well as to amend statistical laws of December 3, 2008, in BT-Drucksache 16/12219 of March 4, 2009 ( PDF , 620 kB)
  5. Federal Ministry of the Interior: Cabinet passes the 2011 Census Act ( Memento of the original from February 25, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Press release of December 3, 2008  @1@ 2Template: Webachiv / IABot / www.bmi.bund.de
  6. Bundesrat: Recommendations of the committees In - AS - FS - Fz - U - Wo on item 23 of the 854th meeting of the Bundesrat on February 13, 2009 ( memento of the original of June 20, 2013 in the Internet Archive ) Info: The archive link became automatic used and not yet tested. Please check the original and archive link according to the instructions and then remove this notice. (pdf, 158 KB)  @1@ 2Template: Webachiv / IABot / www.bundesrat.de
  7. Federal Council: Numerous corrections to the 2011 census ( memento of the original from June 3, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Press release 16/2009 of February 13, 2009  @1@ 2Template: Webachiv / IABot / www.bundesrat.de
  8. Federal Council: Opinion on the draft law on the arrangement of the 2011 census and on the amendment of statistical laws ( memento of the original from June 20, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (pdf, 134kB), printed matter 3/09 (decision) of February 13, 2009  @1@ 2Template: Webachiv / IABot / www.bundesrat.de
  9. ^ German Bundestag: Stenographic report of the 211th session (PDF, 3.1 MB), Berlin, March 19, 2009, pp. 22895 (B) - 22899 (C).
  10. heise online: Extension of the census: "Request concert" or necessary statistics? , Notification dated March 20, 2009
  11. Sampling Ordinance Census Act 2011
  12. Jürgen Kuri: More than 10,000 supporters for constitutional complaints against census heise.de, July 7, 2010
  13. BVerfG, decision of September 21, 2010 - 1 BvR 1865/10
  14. BGBl. I p. 830
  15. BVerfG, judgment of September 19, 2018 - 2 BvF 1/15, 2BvF 2/15
  16. ^ Judgment: According to the Federal Constitutional Court, the 2011 census was constitutionally bpb , September 19, 2018

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