ÖR-Examensklausur Verfassungsrecht: Transparenz im Lebensmittelrecht und »no means no« bei der Wahl einer Ministerpräsidentin.

The exam in constitutional law deals with the topics of transparency in food law and the election of a female minister-president. The case refers to a decision of the Federal Constitutional Court on § 40 para. 1 a LFGB from the year 2018. It is discussed whether the publication of violations of food law regulations is compatible with the freedom of occupation. Also, a dispute before the election of Bodo Ramelow as minister-president of Thuringia in 2014 is addressed, in particular the question of whether the candidate Neuer was elected as minister-president according to Art. 70 para. 3 sentence 3 LV. Abstract norm control, state information action, freedom of occupation, and state organizational law are important keywords in this context. It is emphasized that the constitution should be interpreted in such a way that a minister-president has a sufficient basis of legitimacy, and that the principle of democracy requires a solid basis for the election of a minister-president. [Extracted from the article]