Questions on: The Basic Law and Fundamental Rights

Fundamental rights are defensive rights that residents hold against the state. They stand at the beginning of the Basic Law (Grundgesetz) and bind all state bodies directly.

Fundamental rights are set out in the first section of the Basic Law (Grundgesetz) and bind state power directly. They can be asserted in court.

The Federal Republic was founded in 1949, after the Second World War. Its order is based on a written constitution that sets out people’s rights.

Many fundamental rights protect areas of life in which the state may not interfere. The fundamental rights are grouped together in the first section of the Basic Law (Grundgesetz).

The Basic Law (Grundgesetz) describes the foundations of the state and the rights of people. It was adopted in 1949 by the Parliamentary Council (Parlamentarischer Rat).

The Basic Law (Grundgesetz) words fundamental rights differently: some apply to every person, others expressly only to Germans. Anyone who wants to invoke a fundamental right must therefore check which group of people is named.

Criminal law regulates which acts are punishable in Germany and which sanctions are provided for them. Sanctions are imposed under fixed legal procedures.

The Federal Republic of Germany came into being in 1949 from the three Western occupation zones after the Second World War. Its constitution sets out the state bodies and the rights of people.

The Federal Constitutional Court (Bundesverfassungsgericht) in Karlsruhe decides on how the fundamental rights are to be interpreted. Its judgments are binding on all state bodies.

As well as rights, the Basic Law (Grundgesetz) also contains express prohibitions for the state. For example, the death penalty has been abolished since 1949.

When it comes to fundamental rights, legal professionals distinguish between the scope of protection and possible interference by the state. This distinction has shaped case law for decades.

The Basic Law (Grundgesetz) protects many freedoms. These include the right to say what you think and the right to assemble. The right to address requests and complaints to authorities and parliaments is also protected. The state may not simply ban these rights. At the same time, the Basic Law sets limits for the state. It must treat all people equally and may not disadvantage anyone because of origin, sex, faith or disability.

The Basic Law (Grundgesetz) protects every person against the state through special fundamental rights. These rights are expressly written into the constitution.

Freizügigkeit is one of the fundamental rights that belong to German citizens. It was written into the Basic Law (Grundgesetz), and its exercise can be restricted under certain conditions.

State and religion can be connected in very different ways. In some countries there is a state religion, in others religious leaders determine politics. The Basic Law (Grundgesetz) guarantees freedom of religion: everyone may have a religion, change it or have none. There is no state church in Germany. Churches and religious communities manage their own affairs but cooperate with the state in areas such as religious education or social work.