Refresh

0 Hits

Hübner

Krankenversicherungspflicht versus Vorsorgefreiheit

Eine beamtenrechtliche Betrachtung
Nomos,  2020, 212 Pages

ISBN 978-3-8487-6534-8


Our continuation service: You will receive new series titles or new editions automatically and without obligation to purchase. If you wish to do so, you can mark it in the shopping cart.

The work is part of the series Schriften zum öffentlichen Dienstrecht (Volume 9)
55,00 € incl. VAT
Also available as eBook
55,00 € incl. VAT
Available
Add to shopping cart
Add to notepad
 Further options for registered users

englischSo far it has not been clarified whether there is a constitutional principle of precautionary freedom for civil servants, what it can be deduced from and how far it possibly goes. The Federal Constitutional Court has left open whether precautionary freedom is a traditional principle of the professional civil service in line with the meaning of Art. 33 (5) of the German Basic Law.

This work derives such a principle both individually from the freedom to act according to Art. 2 (1) of the Basic Law and institutionally from Art. 33 (5) of the same law. Mandatory general health insurance, which has been stipulated in § 193 (3) of the German Private Insurance Act (Versicherungsvertragsgesetz—VVG) since 2009, is then measured according to this scale. The law requires civil servants to get private health insurance for medical expenses not covered by state aid. This proves to be an example of disproportionate interference in the principle of precautionary freedom.

Find reading samples of the current title in PDF format here:
Find the cover of the current title in PDF format here: