Social Fundamental Rights – a Model of Personal Autonomy under the Basic Law

• Applicant: Dr. Jakob Schemmel
• Subject Area: Public Law
• Term: since 2022
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 503479199

Fundamental social rights are a recurrent issue under the Grundgesetz. While constitutional law scholarship has recently lost sight of them, the Federal Constitutional Court has developed fundamental social rights in different forms: from the right to a fair distribution of admission capacity of state-owned universities to the right to a guarantee of a decent subsistence minimum. The related constitutional changes, however, have not yet been analyzed and discussed in more detail. A theoretically guided “dogmatic” of fundamental social rights which can embed the court’s jurisprudence in the constitutional order and guide further developments is still missing. This project aims to remedy this. It will reconstruct the fundamental social rights of the Grundgesetz and develop a model of personal autonomy to close remaining conceptual and dogmatic gaps. This endeavor first requires an inventory of the basic social rights created by the Federal Constitutional Court and the consultation of social rights on the international and European level. This typology will be recreated as a concept of personal autonomy. Autonomy as a concept allows to rethink the conditions of freedom as guaranteed by the Basic Law. The aim is to find a concept for existing and future social rights that allows for a reconstruction of existing social fundamental rights and can guide the creation of future rights. The concept will be used to reconstruct the existing fundamental right to guarantee a decent subsistence minimum and to develop the contours of a new right to education.

• DFG Programme: Research Grants