Gesetzgebungsrelevante Tatsachen und ihre Kontrolle durch den Europäischen Gerichtshof und das Bundesverfassungsgericht

Modern legislation does not take place in closed normative spaces, but has to be evidence-based and thereby achieve its intended effects. The quality of legislative factual determinations is therefore increasingly the subject of judicial review of norms. The Erlangen dissertation examines the standards set out by the European Court of Justice and the Federal Constitutional Court. The gateway for judicial review of facts and impact analysis is the principle of proportionality and the prohibition of arbitrariness in both legal regimes. Against this background, the study further focuses on legislative prerogatives and latitude for assessment and prognosis.