Verfassungsrecht: Was das Grundgesetz zur Vergesellschaftung sagt

Vergesellschaftung, the process of converting privately owned properties into publicly owned ones, is a topic of ongoing debate in Berlin. With the likelihood of a coalition government emerging, discussions have intensified. The federal government aims to complicate these plans through an Investment Protection Act. However, the constitutionality of such legislation is also contentious.

The key legal questions arise from Article 15 of the Grundgesetz, which permits the conversion of land and property into community property or other forms of public ownership, provided it includes provisions for compensation. Yet, this article has never been applied, and its interpretation remains a subject of dispute. Law professor Thorsten Schmidt of the University of Potsdam argues that such a law should be assessed based on the principle of proportionality, ensuring it serves a legitimate purpose, is suitable, necessary, and adequate.

The Berlin state constitution also plays a role, as it includes provisions for property protection that differ from those in the Grundgesetz. The federal government's plan to introduce the Investment Protection Act adds further complexity, potentially leading to a challenge before the Federal Constitutional Court.