Federal Constitutional Court
– 2 BvE 2/15 –
IN THE NAME OF THE PEOPLE
In the proceedings
on
the application to declare
that respondent no. 1 and respondent no. 2 violated the rights of the German
Bundestag under Art. 44 of the Basic Law (Grundgesetz – GG)
by refusing to hand over, in full, to the 1st Committee of Inquiry (Untersuchungsausschuss) of the 18th legislative period of the German Bundestag
all files, documents, data stored electronically or by other means, as well as
all any other objects or means of evidence that
1. provide information as to what knowledge the Federal Intelligence Service
(Bundesnachrichtendienst – BND) had in the past, or has presently, on
whether and to what extent the National Security Agency (NSA) of the United
States of America within the scope of the joint signal intelligence cooperation
“Joint SIGINT Activity“ had pursued (or attempted to pursue) intelligence activities with regard to German targets or German interests (i.e. directed at individuals residing in Germany or the European Union; German or European bilateral, multilateral or supranational agencies, or respectively directed at
companies, including EADS, Eurocopter, and French authorities, cf. the article
headlined “Codewort Eikonal” published by the newspaper Sueddeutsche
Zeitung on 4 October 2014), and that provide information as to the reaction of
German authorities,
or
2. were used to compile written documents of the Federal Chancellery (Bundeskanzleramt) or the BND in relation to the topic detailed above, filed under
the following references: MAT A-BK-7, file no. 05/14 strictly confidential (reclassified as ‘confidential’), annex 06, file 135, sheet 36, sheet 41, sheet 120,
and which
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