Die Haftung des Staates für Verletzungen der Berufsfreiheit

»The Liability of the State for Violations of Occupational Freedom«Based on a case law analysis, the author identifies systematic gaps of state liability in the field of occupational freedom. The idea of a state liability derived directly from fundamental rights serves as a dogmatically and practically sustainable foundation to close these gaps. Fears of unlimited liability can be refuted by using the requirements of causality of the state act as well as the precise calculation of damages. Both Parliament and the courts might implement this concept.