A decision that sets a precedent? Parliamentary reservation for crosses – Note on VGH Munich, judgment of 8 July 2025, ref. 7 BV 21.336

Abstract

The article critically examines the judgement of the Bavarian Administrative Court of 8 July 2025, which ruled that the refusal to remove a cross from the entrance area of a state grammar school was unlawful. The commentary emphasises that the Administrative Court did not sufficiently consider key aspects of the case, in particular the specific constellation of the exercise of fundamental rights in schools and the neutrality of the state. The article classifies the decision within existing constitutional and European case law and discusses the relation to the “Kruzifixerlass”.