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Facts

The petitioner requests the German Parliament to establish a legal basis for the introduction of a "small donations electronic subsystem in data centers of regional banks in Germany." The suggested donation collection system will allow bank customers to collect small donations from the decimal point to promote regional cooperation with nonprofit organizations in their local bank branch. This is a small electronic donation system in the data centers of banks to set up a regular and automated collection process through which, unlike the existing possibilities of donation in the way of transfer or standing order, psychological barriers to be dismantled in donations.

Opinion

"The operation of a fund-raising system, as the petitioner proposed to require, according to the Federal Financial Supervisory Authority (BaFin), no special permission on the basis of the Banking Act (KWG) and there is the view of the BaFin, otherwise no evidence that the preparations and implementation of the proposed approach by the petitioner or other provisions of the Banking Act prudential regulations are important.

However, could the petitioner excited statutory obligation to open the way for bank customers, in such a system to take part, a justification requiring intervention in constitutionally guaranteed commercial and entrepreneurial freedom (Art. 12 GG), and freedom of contract (see Article 2, paragraph 1 GG) of the banks and their data centers represent. Government intervention in constitutionally protected freedoms are permissible only if the interference pursues a legitimate aim and are proportionate to the means used to achieve this purpose.

In the present case, the promotion of further donations represent the population for local community projects while a legitimate purpose. However, it must be remembered that even today many opportunities exist for citizens to support local charitable projects. The possibilities mentioned by the petitioner himself, to donate in the way of transfer or standing order is not only nationally operating profit organizations, but also at local level. The donations from citizens can thereby be set individually and include, as a rule, very small amounts. In addition, some banks already offer ample opportunity to donate some of savings income to charitable organizations. Exist on the part of the recipient organizations through donations, so far as appears, so far no calls for expansion of the existing ways to donate in the way proposed by the petitioner. As far as the existing facilities by the petitioner are nevertheless perceived as insufficient, he remains at liberty, banks and computer centers at local or regional level to address and encourage the adoption of his proposed automated procedure for donations purposes on a voluntary basis.

The creation of a legal obligation to introduce such a procedure appears on the other hand is not appropriate. The commercial and entrepreneurial freedom and freedom of contract are central organizing principles of social market economy. State interference in these freedoms should fit into the existing regulatory framework and remain limited to a proportionate manner to what is strictly necessary. The regulatory functions of banks and their data centers are located in ensuring the supply of the citizens and entrepreneurs with financial resources. The establishment of fundraising systems, however, is not one of these tasks. The creation of a corresponding legal obligation is not therefore appropriate.

Finally, it should be noted further that the introduction of the petitioner's proposed system, significant cost and administrative burden on the affected banks and their data centers is expected and it is not clear whether, and could be covered if necessary, as the costs incurred by the system generated more donations. "