- Volume 14 (2016), Issue 4
- Vol. 14 (2016), No. 4
- >
- Pages 343 - 352
- pp. 343 - 352
In its “Garzweiler” judgment the German Federal Constitutional Court refines its jurisprudence on expropriation measures considerably. As will be discussed in this paper the Court not only clarifies the legislator’s responsibility to define requisite causes serving the public good. It also distinguishes between different stages in lengthy administrative proceedings that precede expropriation measures and explicates the governing elements of proportionality assessment on each of these levels. The Court moreover enhances the legal protections for parties affected. Finally, the Court includes subjective factors such as the social environment into its constitutional notion of property rights.