b) Applicability of Art. 19(3) of the Basic Law by reason of the nature
of affected fundamental rights
67
4. Personal scope of protection for persons acting on behalf of foreign
legal entities (complainants nos. 6 and 8)
68
III. Complainants are directly and presently affected by the challenged
provisions
71
1. Directly affected
72
2. Presently affected
73
a) Sufficient probability of complainants being affected
74
b) Complainant no. 8 affected despite being a German citizen
75
IV. Subsidiarity
77
1. Standards
78
2. Application of the law to the present case
79
V. Time limit for lodging the constitutional complaint
81
1. Compliance with the time limit with regard to the amended provisions 82
2. Compliance with the time limit with regard to the unchanged provisions
VI. Admissibility in light of EU law
83
84
C. Merits I: Interference with fundamental rights
I. Binding effect of fundamental rights to foreign surveillance measures
carried out by the Federal Intelligence Service
86
87
1. Binding effect of fundamental rights linked to the exercise of German 88
state authority
a) Art. 1(3) of the Basic Law guaranteed without reservations
89
b) No restriction to the exercise of sovereign powers
90
c) Binding effect of fundamental rights afforded individuals abroad
92
2. Participation in the international community
93
a) Constitutional acknowledgement of human rights (Art. 1(2) of the
Basic Law)
94
b) European Convention on Human Rights
97
c) No intervention vis-à-vis other states
100
8/87