Question juridique clé
Whether Judge Müller was barred from participating under § 18(1) no. 2 BVerfGG because he had acted in the same matter before joining the Federal Constitutional Court.
Solution extraite
Yes. Prior decisive participation as a member of the 13th and 14th Federal Assemblies in the same matter triggered the exclusion rule.
Motifs extraits
The court treated the judge's earlier membership and co-decisive role in the Federal Assemblies, which were respondents in the proceedings, as prior involvement in the same case within the meaning of § 18(1) no. 2 BVerfGG.