visions concerning observation, targeted checks and covert registration carried out
by the police. The provisions concerning these measures are themselves not at issue
in these proceedings.
D.
I.
The challenged provisions must be declared void in part and, for the rest, incompatible with Art. 2(1) in conjunction with Art. 1(1) GG.
[…]
167
168-173
II.
Since the challenged administrative court decisions are based on the partially unconstitutional provisions, they violate the complainant’s fundamental right under
Art. 2(1) in conjunction with Art. 1(1) GG. The decision of the Federal Administrative
Court, as the final judgment in the matter, must be set aside and the decision as to
costs is remanded to the Court.
174
III.
The decision on expenses is based on § 34a(2) of the Federal Constitutional Court
Act (Bundesverfassungsgerichtsgesetz – BVerfGG).
175
IV.
With regard to the decision that automatic number plate recognition constitutes an
interference with fundamental rights even in cases of a no match (see paras. 45 to
53 above), the decision was taken with 5:2 votes, and with regard to the general
statements, following therefrom, on the requirement of specific grounds for police
measures of the type at issue here (see paras. 91 to 94 above) it was taken with 6:1
votes; for the rest, it was unanimous.
Masing
Paulus
Baer
Britz
Ott
Christ
Radtke
33/34
176