13 Art. 12 GG: Occupational Freedom

Abstract

This chapter discusses freedom of occupation, a fundamental right guaranteed by Art. 12 of the Grundgesetz (GG). It first examines the Federal Constitutional Court's jurisprudence regarding the scope of protection for occupational freedom, focussing on cases that emphasise the importance of occupational freedom to the human personality, consequences of the personal interpretation of occupational freedom, and restrictions on the guarantees afforded by the scope of protection. It then considers the reservation of authority to regulate the practice of an occupation, with emphasis on the three-step theory of regulatory authority. It also analyses the issue of interference with the right to choose an occupation, along with the definition of occupations. It concludes by giving examples of the step theory in operation, one for an objective condition on entry and another for a subjective condition on entry.