Article 11 - 15 GG –

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Details to single Basic Rights


Article 11 GG Freedom of movement

Article 11 GG on the one hand protects the possibility of making a local change within Germany thus being mobile, on the other hand it protects the possibility of remaining at a place. Also it covers the right to enter Germany, however not to depart (this contains Article 2 II GG).

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Article 12 GG Occupational freedom, prohibition of forced labor

By Article 12 GG both the choice of the occupation and the training and/or job is protected and the practise of the profession. It grants however no right to provision of work by the state.

By occupation one understands a long term, the creation of a base of life serving activity, which is not in common harmful (thus forbidden).

Not only the legally regulated career profiles, but also untypical activities could be occupations.

A compulsory labor is permitted only, if there is given a for all equal, general service obligation (for example sidewalk cleaning by the adjacents resident). Compulsory labor does not mean obligations which may result from profession regulations (for example obligation to the emergency service for physicians).

After the wording Article 12 I GG can limit only the practise of the profession, according to dominant opinion however also the occupation choice can be limited.

The barriers of the Article 12 GG are specified by the "three-stage theory ". From stage to stage the restriction of the basic right will become more strongly, at the same time however also the conditions for this restriction become more strongly.

Three-stage theory:

    3. Occupation choice gradates

objective conditions for permission

Heavy and provable dangers for a outstandingly important community property (health/life)

for example Ratios

  2. Occupation choice gradates

subjective conditions for permission

Protection of an important community property necessarily

for example Mastership examination, minimum age

1. Practise of the profession gradates

Reasonable considerations of the common weal

for example Closing time, advertising prohibition for physicians


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Article 12A GG Compulsory military or alternative service

Article 12a GG contains regulations concerning the German Federal Armed Forces and/or the civil service and regulations for the case of defense.

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Article 13 GG Inviolability of the home

Article 13 GG protects homes and to limited extent also business premises, for example the workshop of a craftsman against unauthorized entering by organs of the state.

The search of a home may be accomplished only after an arrangement by the jurisdiction. With threatening danger also by the organs intended in special laws (for example police regulation) (exp. 2).

Further restrictions are mentioned in the exp. 3.

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Article 14 GG Property, Inheritance, expropriation

Property and vomit are ensured. This is not completely unimportant, since in a material world property represents a basis of personal freedom of action.

By property in the sense of the Article 14 GG one understands:

The liberty to proceed with own property in the own way can be limited for example because of defense of danger, so there are various building regulations, restrictions of annexes, etc.

Furthermore the property is subject to a societal restriction ("well-being of the public", welfare state). Thus those are protected, which use property of others, for example tenants.

An expropriation is permissible only to well-being of the public and with a compensation (for example building of roads or rails).

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Article 15 GG Socialization

A socialization of land and soil, natural resources and means of production is possible with compensation. Article 15 GG is a special arrangement to the Article 14 GG.

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