Krankenversicherungspflicht versus Vorsorgefreiheit

So 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.