German Law Journal最新文献

Demystifying autonomy: tracing the international law origins of the EU principle of autonomy – ERRATUM 揭开自治的神秘面纱：追溯欧盟自治原则的国际法渊源 - ERRATUM

IF 1.3

German Law Journal Pub Date : 2024-02-02 DOI: 10.1017/glj.2024.5

Mark Konstantinidis

引用次数: 0

My Body Is My Temple? Comparing Sexual Crimes and Property Crimes in a Human Rights Tradition – ERRATUM 我的身体是我的圣殿？比较人权传统中的性犯罪和财产犯罪 - ERRATUM

IF 1.3

German Law Journal Pub Date : 2024-01-26 DOI: 10.1017/glj.2024.4

Otava Piha

引用次数: 0

The Diagonal Application of the EU Charter of Fundamental Rights: From “Displacement” through “Agency” to “Scope” and Beyond 欧盟基本权利宪章》的对角线应用：从 "流离失所 "到 "代理 "再到 "范围 "及其他

IF 1.3

German Law Journal Pub Date : 2024-01-22 DOI: 10.1017/glj.2023.94

C. Nagy

{"title":"The Diagonal Application of the EU Charter of Fundamental Rights: From “Displacement” through “Agency” to “Scope” and Beyond","authors":"C. Nagy","doi":"10.1017/glj.2023.94","DOIUrl":"https://doi.org/10.1017/glj.2023.94","url":null,"abstract":"\u0000 The application of the EU Charter of Fundamental Rights to the Member States has given rise both to a controversial phraseology and a controversial case-law. This paper offers a reconstruction of the constitutional intent and proposes a conceptualization in conformity with the structural function and the constitutional contemplation of the pouvoir constituent. As to the phraseological debate, it demonstrates that the Charter’s application to the Member States may occur by reason of either “implementation” or “interpretation” of EU law and the two strands are embraced but not synthetized by “scope” as a collective term. As to the substantive debate, it demonstrates that the CJEU’s case-law on “implementation” is not only amorphous but also inconsistent with the Charter’s constitutional mandate. The paper proposes a novel approach based on the notion that the application to the Member States is accessory to the supremacy of EU law. The paper’s argument is presented in the following steps. First, the paper presents the pristine rationale and constitutional function of the application to the Member State through its emergence and historical context. Second, it provides a taxonomy and critical overview of the CJEU’s amorphous case-law and presents the Court’s futile attempt to create a coherent doctrine that faithfully reproduces the constitutional contemplation behind the diagonal application and that reflects the division of competences between the EU and its Member States. Third, it sets out the proposed doctrine of “displacement.”","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139607665","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}

引用次数: 0

My Body Is My Temple? Comparing Sexual Crimes and Property Crimes in a Human Rights Tradition 我的身体是我的圣殿？比较人权传统中的性犯罪和财产犯罪

IF 1.3

German Law Journal Pub Date : 2024-01-15 DOI: 10.1017/glj.2023.97

Otava Piha

引用次数: 0

Regulating Parties by Constitutional Rules in Liberal Democracies 自由民主国家的宪法规则对政党的规范

IF 1.3

German Law Journal Pub Date : 2023-12-14 DOI: 10.1017/glj.2023.117

Catarina Santos Botelho, Nuno Garoupa

引用次数: 0

New Dynamics of the “Post-COVID-19 Era”: A Legal Conundrum 后 COVID-19 时代 "的新动态：法律难题

IF 1.3

German Law Journal Pub Date : 2023-12-12 DOI: 10.1017/glj.2023.116

Arianna Vedaschi, Chiara Graziani

{"title":"New Dynamics of the “Post-COVID-19 Era”: A Legal Conundrum","authors":"Arianna Vedaschi, Chiara Graziani","doi":"10.1017/glj.2023.116","DOIUrl":"https://doi.org/10.1017/glj.2023.116","url":null,"abstract":"\u0000 In this Article we analyze whether and how the legal reactions to COVID-19 brought permanent changes to three main areas that are at the very basis of the study of comparative constitutional law: the horizontal separation of powers in different forms of government; the vertical separation of powers and its effects on forms of state; and the reviewability of limitations to human rights and personal freedoms by bodies exercising constitutional review. Rather than just examining and categorizing the reactions, we search for the political, institutional, factual, and sometimes even cultural rationales at the basis of each trend. Our claim is that COVID-19 was a driving force for relevant changes in the three analyzed areas, but we also recognize that these changes did not come “out of the blue,” as they were already “latent” in considered legal systems. The analysis demonstrates that the traditional categories we use to classify the forms of government, forms of state, and the mechanisms of constitutional review, although being useful paradigms to study these topics, have in themselves the potential to be “stretched,” and even unhinged, when global and long-lasting emergencies, as COVID-19, are in place.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139007706","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}

引用次数: 0

Media, Cultural Techniques, and the Law: The Other Cornelia Vismann 媒体、文化技术与法律：另一个科妮莉亚-维斯曼

IF 1.3

German Law Journal Pub Date : 2023-12-04 DOI: 10.1017/glj.2023.115

P. Minkkinen

{"title":"Media, Cultural Techniques, and the Law: The Other Cornelia Vismann","authors":"P. Minkkinen","doi":"10.1017/glj.2023.115","DOIUrl":"https://doi.org/10.1017/glj.2023.115","url":null,"abstract":"\u0000 In the Anglophone world of law, the German legal historian and legal theorist Cornelia Vismann (1961–2010) is best known as an acute interpreter of French high theory, especially of Jacques Derrida, Jacques Lacan, and Michel Foucault. This type of reception is, I argue, somewhat distorted. For her English-speaking colleagues, French “poststructuralism” provides the interface that enables Vismann to enter into shared discursive constellations with her Anglo-American critical legal colleagues. But at the same time, such a reception also downplays the very specifically German soil from which her unique scholarship arose. This Article discusses Vismann’s German background as media theory, the discipline that she was mostly associated with by her compatriots. The Article then assesses what Vismann’s media-theoretical contributions potentially offer to the contemporary study of law. For this “other Vismann,” the media-theoretical study of law was, I suggest, a practically oriented critical discipline that focused on law’s “cultural techniques” and how they operated. I also briefly touch upon what is generally known as “German media theory” through key figures such as Friedrich A. Kittler and Bernhard Siegert.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138603404","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}

引用次数: 0

Minimum Legal Standards in Reparation Processes for Colonial Crimes: The Case of Namibia and Germany 殖民罪行赔偿程序中的最低法律标准:纳米比亚和德国的案例

German Law Journal Pub Date : 2023-11-06 DOI: 10.1017/glj.2023.81

Karina Theurer

{"title":"Minimum Legal Standards in Reparation Processes for Colonial Crimes: The Case of Namibia and Germany","authors":"Karina Theurer","doi":"10.1017/glj.2023.81","DOIUrl":"https://doi.org/10.1017/glj.2023.81","url":null,"abstract":"Abstract In 2021, the German and Namibian governments published a Joint Declaration as a result of their negotiations on reparations. Ovaherero and Nama representatives strongly criticized the violation of their participation rights during the negotiations and the reproduction of colonial racism. In 2023, a lawsuit was filed with the Namibian High Court. This litigation could become a milestone in the history of legal struggles for reparations for colonial crimes worldwide. In addition to the litigation, several United Nations Special Rapporteurs were contacted and published their joint communication in April 2023, essentially confirming the lack of effective participation and the obligation to grant reparations. This Article gives an overview of the most important historical events during German colonial rule and the most significant efforts to legally come to terms with it since 2006. It analyzes the main legal issues in this context: Have the acts committed by German colonial troops violated the laws in force at the time? Is the current application of the doctrine of intertemporal law by the governments a reproduction of racism? Might it be a new act of racism? What challenges and limits do courts face when they attempt to retrospectively reconstruct legal systems and legal norms in force 100 years ago? Does the German state have a legal obligation to enter into negotiations over reparations? What participation rights do affected communities have in processes of legal reappraisal of colonialism? In view of the growing demands for reparations worldwide, it is timely to deal with the underlying legal issues in an exemplary manner. The legal intervention of the German-Namibian reappraisal could set a precedent. The Article aims at establishing minimum legal standards for reparations processes for colonial crimes worldwide.","PeriodicalId":36303,"journal":{"name":"German Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135635168","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}

引用次数: 0

Openness, Purposiveness, and the Realignment of the EU and the Democratic and Social Constitutional State 欧盟与民主和社会宪政国家的开放性、目的性和重组

German Law Journal Pub Date : 2023-11-03 DOI: 10.1017/glj.2023.79

Marco Dani

引用次数: 0

How to Regulate Moral Dilemmas Involving Self-Driving Cars: The 2021 German Act on Autonomous Driving, the Trolley Problem, and the Search for a Role Model 如何规范涉及自动驾驶汽车的道德困境:2021年德国自动驾驶法案，电车问题，以及寻找榜样

German Law Journal Pub Date : 2023-11-03 DOI: 10.1017/glj.2023.83

Lando Kirchmair

引用次数: 1