Geriatric Nursing Act Case
Federal Republic of Germany Federal Constitutional Court
106 BVerfGE 62 (2002)
- Written by Mary Katherine Cunningham, JD
Facts
Prompted by a growing need for geriatric nurses and geriatric assistance to care for older Germans, the federal government of Germany enacted a law regulating geriatric nurses and geriatric assistants. The law aimed to standardize the services provided by geriatric nurses and geriatric assistants throughout Germany. The law included provisions on the required training and certification for geriatric nurses and geriatric assistants. The government of Bavaria (plaintiff) challenged these federal provisions before the Federal Constitutional Court, arguing the federal government lacked the competence to regulate the field under Article 74(1) of the Basic Law. The government of Bavaria further argued that, even if the federal government possessed the competence to enact the law, the law failed to meet essential prerequisites under Article 72(2) of the Basic Law.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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