Eichberger,
Schluckebier,
Masing,
Paulus,
Baer,
Britz
held on the basis of the oral hearing of 7 July 2015:
Judgment:
1. § 20h section 1 number 1 c of the Federal Criminal Police Office Act
(Bundeskriminalamtgesetz – BKAG) in the version of the Act on Prevention by the Federal Criminal Police Office of Threats from International Terrorism (Gesetz zur Abwehr von Gefahren des internationalen
Terrorismus durch das Bundeskriminalamt) of 25 December 2008
(Federal Law Gazette, Bundesgesetzblatt – BGBl I p. 3083) and in the
version of later acts violates Article 13 section 1 of the Basic Law
(Grundgesetz – GG) and is void.
2. § 20v section 6 sentence 5 of the Federal Criminal Police Office Act violates Article 2 section 1 in conjunction with Article 1 section 1, Article
10 section 1, Article 13 section 1, each in conjunction with Article 19
section 4 of the Basic Law, and is void.
3. § 14 section 1 (excluding sentence 1 number 2), § 20g sections 1 to 3,
§§ 20h, 20j, 20k, 20l, § 20m sections 1 and 3, § 20u sections 1 and 2
and § 20v section 4 sentence 2, section 5 sentences 1 to 4 (excluding
sentence 3 number 2), section 6 sentence 3 of the Federal Criminal Police Office Act are, according to the reasons of this decision, not compatible with Article 2 section 1 in conjunction with Article 1 section 1,
Article 10 section 1, Article 13 sections 1 and 3 – also in conjunction
with Article 1 section 1 and Article 19 section 4 of the Basic Law.
4. Until the Act is recast, however until 30 June 2018 at the latest, the
provisions which have been declared incompatible with the Basic Law
will stay in effect, subject to the condition that measures pursuant to
§ 20g section 2 numbers 1, 2 b, 4 and 5 of the Federal Criminal Police
Office Act require a judicial order; in case of immediate danger, § 20g
section 3 sentences 2 to 4 of the Federal Criminal Police Office Act applies correspondingly.
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