{"title":"24 Arts. 23 et seq. GG: International Integration","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/LAW/9780198808091.003.0024","DOIUrl":"https://doi.org/10.1093/LAW/9780198808091.003.0024","url":null,"abstract":"This chapter discusses the relevant provisions of Art. 23 et seq. of the Grundgesetz (GG) with regard to the international integration of the Federal Republic of Germany. Art. 23 establishes a special constitutional basis for Germany's participation in the founding of the European Union. Art. 23 para. 1 s. 2 GG contains a provision on authorisation to transfer sovereign powers, whereas Art. 23 para. 1 s. 1 includes a ‘structural safeguard clause’ which imposes limits on legislation integrating Germany into the EU. The chapter examines the Federal Constitutional Court's jurisprudence concerning Germany's integration into the EU, with emphasis on issues such as transfer of sovereign powers, the relationship between EU law and national law, and limits on the legislature when passing EU integration laws. It also considers the provision allowing Germany to enter into a collective security system, focussing on the limits on sovereign rights.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121237785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"31 Art. 92 et seq. GG: Jurisprudence","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/LAW/9780198808091.003.0031","DOIUrl":"https://doi.org/10.1093/LAW/9780198808091.003.0031","url":null,"abstract":"This chapter discusses the position of the Federal Constitutional Court with regard to judicial power, taking into account the relevant provisions of Art. 92 et seq. of the Grundgesetz (GG). In particular, it examines those aspects which cast light on the distinctive position of constitutional jurisprudence within the overall framework of judicial power. To this end, the chapter analyses the Court's jurisprudence, citing an instance in which it used a constitutional complaint concerning tax notices and penalties to address the concept of ‘judicial power’. It also considers a 2001 ruling by the Court, which added a functional element to the concept of the judicial power in a case involving the Election Review Court; the legal position of judges, which the Court describes as having three pillars — ‘objective independence’, ‘personal independence’, and ‘organisational independence’; and the Court's emphasis on the importance and substance of the right to a lawful judge.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129153573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"9 Art. 8 GG: Freedom of Assembly","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/law/9780198808091.003.0009","DOIUrl":"https://doi.org/10.1093/law/9780198808091.003.0009","url":null,"abstract":"This chapter discusses the provisions of Art. 8 of the Grundgesetz (GG) with regard to the fundamental right of freedom of assembly. It begins by reviewing the Federal Constitutional Court's first landmark decision on freedom of assembly in 1985, in which it emphasised the importance of the process of political will formation and the right of citizens to free assembly through demonstrations, noting that ‘the unhindered exercise of this freedom counteracts the consciousness of political powerlessness and dangerous tendencies of disgruntlement with the state and its institutions’. The chapter also examines the Court's jurisprudence concerning the scope of protection for the right of freedom of assembly, focussing on issues such as peacefulness in sit-in protests and the constitutionality of the registration requirement for rapidly organized assemblies. It concludes with an analysis of the question of interference with the right of freedom of assembly, along with the constitutional justification of such interferences.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124821981","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"15 Art. 14 GG: Property","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/LAW/9780198808091.003.0015","DOIUrl":"https://doi.org/10.1093/LAW/9780198808091.003.0015","url":null,"abstract":"This chapter examines the right of property, a fundamental right protected under Art. 14 of the Grundgesetz (GG). It first provides an overview of the functions of property and basic problems in the property rights doctrine before discussing the transformation of this doctrine. In particular, it considers the principles established by the Federal Constitutional Court to form the foundation of the doctrine of property rights. These principles are also important in the area of state liability law. The chapter goes on to analyse the Court's jurisprudence regarding the constitutional definition of property and the protected objects of statutes, focussing on cases that address the question of whether trademarks are property, for example, or the doctrine of constitutional protection for an ‘established and operating business’. Finally, it tackles the issue of interference with property rights and the constitutional justification of such interferences.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123514550","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"3 Art. 2 GG: Protection of the Right of Personality","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/LAW/9780198808091.003.0003","DOIUrl":"https://doi.org/10.1093/LAW/9780198808091.003.0003","url":null,"abstract":"This chapter discusses the provisions of Art. 2 of the Grundgesetz (GG) with respect to the right to free development of personality. It first explains the scope of protection for the two fundamental-rights guarantees that comprise the right to free development of personality: general freedom of action and general right of personality. It then considers the question of interference with both rights and the constitutional justification of such interferences and cites decisions made by the Federal Constitutional Court in various cases, including those concerning the right to informational self-determination and the constitutionality of regulations on preventive detention. It also examines the conflicts between fundamental rights with respect to Art. 2 para. 1 GG before concluding with an analysis of the scope of protection for the right to life and physical integrity and the doctrine of the state's duty to protect.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121131418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"18 Art. 20 GG: Preface","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/LAW/9780198808091.003.0018","DOIUrl":"https://doi.org/10.1093/LAW/9780198808091.003.0018","url":null,"abstract":"This chapter provides an overview of three of the central structural principles of the German state and legal system that are found in Art. 20 of the Grundgesetz (GG): the republic principle, the democracy principle, and the federalism principle. Also included in this group of general principles is the rule of law principle, which is implicitly contained in Art. 20 para. 3 GG. The structural principles and state goals articulated in Art. 20 GG serve three primary functions: first, as foundational norms which serve as a catch-all standard for evaluating subjects not specifically regulated by GG; second, as interpretive guidelines for other provisions of GG and for the application of (statutory) laws; and third, as classification categories to which sub-principles are assigned, including the principle of proportionality. These structural principles and state goals are often in tension; a means of reconciling them is by using the concept of practical concordance.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122589012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"17 Art. 19 para. 4 GG: Legal Remedies for Violation of Rights by Public Authority","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/LAW/9780198808091.003.0017","DOIUrl":"https://doi.org/10.1093/LAW/9780198808091.003.0017","url":null,"abstract":"This chapter discusses the provisions of Art. 19 para. 4 of the Grundgesetz (GG) that guarantee legal remedies for violation of citizens' rights by public authority. The requirement of effective legal remedies is also an inherent requirement of fundamental rights. In its more recent decisions, the Federal Constitutional Court has drawn on the legal right itself to derive a requirement of effective remedies. The chapter examines the Court's jurisprudence regarding the structure of the fundamental right to remedies for violation of legal rights by public authority, interferences with the right, and justification for such interferences. It also considers cases relating to legal remedies against judicial decisions before concluding with an analysis of the level of judicial oversight of administrative agencies by the administrative courts, taking into account the principle of assessment as applied to occupational examinations.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128170866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"27 Arts. 38 et seq. GG: Organs of the Federal Government","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/LAW/9780198808091.003.0027","DOIUrl":"https://doi.org/10.1093/LAW/9780198808091.003.0027","url":null,"abstract":"This chapter discusses the relevant provisions of Art. 38 et seq. of the Grundgesetz (GG) with regard to the following organs of the federal government: the Bundestag, the Bundesrat, the Federal President, the Federal Convention, and the Federal Government. It first examines the Federal Constitutional Court's jurisprudence regarding the Bundestag, the election of its members as well as their position, rights and duties, and committees (in particular, committees of inquiry). It then considers the Bundesrat and the question of whether it is a constitutional organ, along with the Federal President and the Federal Assembly. It also looks at the Federal Government, focussing on its powers in the context of deciding whether personnel affairs relating to civil servants belonged to its mandate, its information policy, whether commentary made by members of the Federal Government constitute permissible or impermissible political activity, and dissolution of the Bundestag.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121570910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"12 Art. 11 GG: Freedom of Movement","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/LAW/9780198808091.003.0012","DOIUrl":"https://doi.org/10.1093/LAW/9780198808091.003.0012","url":null,"abstract":"This chapter discusses freedom of movement, a fundamental right guaranteed by Art. 11 of the Grundgesetz (GG). It first examines the Federal Constitutional Court's jurisprudence regarding the scope of protection for freedom of movement, focussing on the issue of forced relocation and freedom to leave, before considering the limitations on freedom of movement in the form of residence assignments. In particular, it analyses the Court's decision in the case involving the Law on the Assignment of Residences governing the so-called later emigrants in Germany and their right to freedom of movement. Finally, it explains the relevance of Art. 11 GG to forced relocation to allow infrastructure and mining projects.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114579888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"7 Art. 6 GG: Marriage and Family","authors":"Bumke Christian, Voßkuhle Andreas","doi":"10.1093/LAW/9780198808091.003.0007","DOIUrl":"https://doi.org/10.1093/LAW/9780198808091.003.0007","url":null,"abstract":"This chapter deals with Art. 6 of the Grundgesetz (GG), which guarantees protection for marriage and the family. Art. 6 GG protects marriage and the family from state interference, and also creates a special principle of equality. Paragraphs 4 and 5 create constitutional rights for mothers and children born outside of marriage. The chapter first considers the jurisprudence of the Federal Constitutional Court concerning the scope of protection for marriage and the family, including issues concerning discrimination against same-sex relationships, freedom to marry, marital cohabitation, the right to divorce, and the right to spousal maintenance. It then examines the constitutional rights of parents and the social rights of mothers before concluding with an analysis of the social rights of children born outside of marriage.","PeriodicalId":335867,"journal":{"name":"German Constitutional Law","volume":"184 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134394698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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