2. Rechtsanwalt Peter Schantz, Schaperstraße 10, 10719 Berlin,
authorised representative of the complainants re 2a and 2b against
§ 5.2 no. 11, § 5.3, § 7.2 and § 8.4 sentence 2 in conjunction with §§ 10,
11 and § 17.1 of the North Rhine-Westphalia Constitution Protection Act
in the version of the Act Amending the Act on the Protection of the Constitution in North Rhine-Westphalia of 20 December 2006 (Law and Ordinance Gazette of North Rhine-Westphalia 2006, p. 620)
– 1 BvR 595/07 –
The Federal Constitutional Court – First Senate – sitting with the Justices
President Papier,
Hohmann-Dennhardt,
Hofmann-Riem,
Bryde,
Gaier,
Eichberger,
Schluckebier,
Kirchhof,
held on the basis of the oral hearing of 10 October 2007:
Judgment
1. § 5.2 no. 11 of the Act on the Protection of the Constitution in North
Rhine-Westphalia (Gesetz über den Verfassungsschutz in NordrheinWestfalen) in the version of the Act of 20 December 2006 (Law and Ordinance Gazette of North Rhine-Westphalia, page 620) is incompatible
with Article 2.1 in conjunction with Article 1.1, Article 10.1 and Article
19.1 sentence 2 of the Basic Law, and is null and void.
2. This disposes of the complaints asserted by the complainants against
§ 5.3 and § 17 of the Act on the Protection of the Constitution in North
Rhine-Westphalia.
3. The constitutional complaint of the complainant re 1b is rejected as
unfounded insofar as it addresses § 5a.1 of the Act on the Protection
of the Constitution in North Rhine-Westphalia.
4. In other respects, the constitutional complaints are dismissed as inadmissible.
3/60