Sozialisierung im Gewährleistungsstaat

Article 15 of the Basic Law as a socialist utopia? Not at all. The socialization norm provides the legislator with an instrument for fulfilling the state's responsibility to provide services with the help of public-sector forms of organization. Socialization measures interfere with the fundamental right to property. In addition, they also encounter the constitutional functional guarantees of a market economy and the system guarantee under EU law in favour of free competition. The work therefore examines the constitutional requirements for socialization legislation at federal and state level, including judicial review. Furthermore, the work shows how socialization laws can comply with EU law.