Ca:
BVerfG 7, 377 Apotheken -decision
Date:
11 June 1958
Judges:
不喜欢的英文Professor B.S. Markesinis
Copyright:
Raymond Youngs
1. Art 12 para 1 of the GG not only declares freedom of trade as an objective principle of the social and economic order; it guarantees the basic right of the individual to take up any permitted activity as a vocation, even if it does not correspond to a "vocational profile" fixed
by tradition or law.
...
十一假期安排5. The authority under Art 12 para 1 ntence 2 of the GG to lay down rules covers exerci and choice of a vocation, but not with the same intensity. It is given for the exerci of a vocation and can only affect freedom of choice of vocation from this angle. The more it purely regulates exerci, the freer the content can be, but the more it also concerns choice of vocation, the more limited its content.
6. The basic right is to protect the freedom of the individual, and the rervation of the power of regulation is to cure sufficient protection for community interests. The need to
环节take both requirements into account means that when the legislator intervenes he must differentiate in accordance with the following principles:
a) Freedom of exerci of a vocation can be restricted in so far this ems appropriate according to rational considerations of the common good. Basic right protection is restricted to preventing conditions which are in themlves contrary to the Constitution becau they may be excessively burdensome and are not reasonable.
b) Freedom of choice of vocation can only be restricted to the extent that protection of particularly important interests of the community positively requires it. If such an interference is unavoidable, the legislator must always choo the form of interference which restricts the basic right least.
sotiredc) If the interference with the freedom of choice of vocation takes the form of a list of certain conditions for taking up the vocation, a distinction must be made between subjective and objective prerequisites. The principle of proportionality applies to the subjective prerequisites (in particular education and training) in the n that they must not be out of proportion to the desired goal of proper performance of vocational activity. Particularly strict requirements must be applied to proving the need for objective prerequisites for admission.
In general such a measure can only be justified to avert provable or highly probable rious risks to an extremely important community interest.
i love you so muchd) Rules under Art 12 para 1 ntence 2 of the GG must always be made at the level which caus the smallest interference with freedom of choice of vocation. The legislator
人力资源职业培训can only embark on the next level if it can be shown that it is highly probable that the risks feared cannot be effectively overcome by means at the previous level which accord with the Constitution.
采用英文...
careless
Judgment of the first nate of the 11th June 1958
1 BvR 596/56
Art 3 para 1 of the Pharmacies Act states:
" (1) Permission to carry on business can only be given for a new pharmacy if:
a) it is in the public interest that the pharmacy should be established in order to cure the provision of the public with medicines, and
b) it is to be assumed that the economic basis of the pharmacy is ensured and the economic basis of neighbouring pharmacies is not impaired by it to such an extent that the prerequisites for a proper pharmacy business are no longer ensured.
The permission can be combined with a condition that the pharmacy is to be established in a certain location in the interests of uniform provision of medicine.
urg
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IV
连衣裙英语怎么说
The question of whether Art 3 para 1 of the Pharmacies Act is reconcilable with Art 12 para 1 of the GG requires some considerations of principle about the meaning of this constitutional provision.
1. Art 12 para 1 protects the freedom of the citizen in an area which is especially important for modern society with its division of labour. It guarantees the individual's right to take up any activity as a "vocation" for which he believes himlf to be suited (ie to make it the basis of how he conducts his life)..
...the concept of "vocation" must be interpreted widely. It does not only include all vocations which fit certain traditional vocational profiles - or even tho fixed by law. It als
o includes atypical (but permissible) activities freely chon by individuals from which new firm vocational profiles can then ari (references omitted)...
b) If the possibilities for the legislator to interfere in the area protected by the basic right are assd by the constitutional provision itlf, the wording of Art 12 para 1 could suggest that interferences are only to be permitted in relation to the exerci of a vocation; and the choice of a vocation would be simply excluded from statutory regulation. But that cannot be the meaning of the provision. This is becau the concepts of choice and exerci of a vocation cannot simply be parated in such a way that they each only describe a certain period of vocational life which does not overlap with the other. In particular, the taking up of vocational activity reprents the commencement of exerci of a vocation as well as the implementation of a choice of vocation which express itlf precily in this act - and frequently only in it. In the same way, the intention to continue a vocation which shows itlf in the current exerci of it, and finally
voluntary termination of the exerci of a vocation are really at the same time choices of vocation. Both concepts include the unified complex "vocational activity" en from various angles (references omitted).
