Federal Constitutional Court rejects Saxony-Anhalt's application for judicial review

In 2005, the state government of Saxony-Anhalt appealed to the Federal Constitutional Court in a review procedure. The court found the Genetic Engineering Act unconstitutional, criticizing, among other things, the strict liability of farmers (Section 36a GenTG) as a special liability and the regulations on the site register (Sections 16a and 16b GenTG).
The Federal Constitutional Court rejected this petition for judicial review on November 24, 2010 (case number 1 BvF 2/05). It emphasized the protective purpose (Section 1 No. 1 of the Genetic Engineering Act) and the principle of coexistence (Section 1 No. 2 of the Genetic Engineering Act). With the possibility of making targeted changes to the genetic material, genetic engineering interferes with the elementary structures of life. The consequences of such interventions are difficult, if not impossible, to reverse. The spread of genetically modified material, once released into the environment, is difficult or even impossible to limit. Due to the still partly unclear long-term effects of genetically modified organisms upon release, the legislature is subject to a special duty of care, which justifies special requirements. This applies in particular to the placing on the market regulated by the Genetic Engineering Act (Section 3 No. 6 GenTG), the site register (Section 16a GenTG), the handling of products placed on the market (Section 16b GenTG) and claims for compensation for use (Section 36a GenTG).

This publication can also be found on the website of the law firm Dr. Kauch .