Der Grundrechtsschutz des Drittbetroffenen

All government activities are of significance not only for the person involved in the measures being taken; they can also affect a third party in a manner which can be seen as having an influence on those values protected by fundamental rights. In this work, Thorsten Koch develops criteria to help differentiate between the legally relevant effects on the freedom of a third party, a freedom protected by fundamental rights, and the mere 'reflex effects' of government activities. In addition he shows that it is possible, using the function of fundamental rights as rights of defense, to define the relevance of government acquiescence with reference to fundamental rights or the toleration of a behavior by private persons which is prejudicial to a third party.