Einrichtungsgarantien

Ute Mager analyses a special category of constitutional guarantees - »Einrichtungsgarantien«, which are known in the German legal theory since the constitution of Weimar (1919).She shows, that under the Basic Law the category has to be freed from the original theoretical context, which is found in the 'Historische Rechtsschule'. The function of »Einrichtungsgarantien« can no longer be seen in the protection of 'institutions' because of their historical value. Today »Einrichtungsgarantien« are to be defined as constitutional guarantees of autonomy. As to private persons this means the protection of the faculty to regulate freely their legal relations. As to public functions it means the protection of the competence to fulfill the function as own affair.