Constitutional Subjectivity of the Legal Persons of Public Law in Germany

Abstract

The private persons of public law in principle do not possess a constitutional ability, hence they cannot be subjects of basic rights. The exception here is subjecting the legal persons of public law to a definite sphere protected by the constitution. We mean here:
a) the university and other schools attributed to the freedom of research and teaching,
b) the broadcast stations attributed to the freedom of expression and propagation of opinions and information,
c) the religious communities attributed to religious freedom.

The constitutional ability may be also approved for the voluntary occupational corporations. One will always have to prove that the legal person of public law is subjected to the state in a characteristic way of the constitutional law, hence like the person of private law.