East German Disbarment Case

93 BVerfGE 213 (1995)

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East German Disbarment Case

Germany Federal Constitutional Court
93 BVerfGE 213 (1995)

Facts

In East Germany, the communist government expected lawyers to advance the cause of socialism in the legal profession and to provide the state with information about clients and other lawyers. After the fall of the communist government, a lawyer (plaintiff) lost her law license because she had provided information about her fellow lawyers to the East German secret police, the Stasi. The first lawyer also informed the Stasi about the plans of certain clients to emigrate out of East Germany. A second lawyer (plaintiff) lost his license for providing reports on his clients. Both lawyers challenged their disbarment by the local law authorities in court. The Germany Federal Court of Justice upheld the disbarment of both attorneys, finding that disbarment was appropriate for attorneys who had unofficially collaborated with the East German government and provided information about fellow citizens. The lawyers appealed to the Germany Federal Constitutional Court, arguing that their disbarment constituted a violation of Article 12(1) of the Basic Law for the Federal Republic of Germany.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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