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Journal articles on the topic 'German courts'

Author: Grafiati

Published: 4 June 2021

Last updated: 2 February 2022

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1

Miller, Russell. "Rejecting Radbruch: The European Court of Human Rights and the Crimes of the East German Leadership." Leiden Journal of International Law 14, no. 3 (2001): 653–63. http://dx.doi.org/10.1017/s0922156501000322.

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The European Court of Human Rights found no violation of the Convention in its judgement in the complaints of the former East German political and military leaders Streletz, Kessler, and Krenz. All three were convicted and sentenced to terms in prison by German courts in relation to the deaths of East Germans who were killed in attempts at fleeing across the fortified border between East and West Germany. Nonetheless, the Court's decision constitutes a clear rejection of the Radbruch Formula, which served as a central line of reasoning in the decisions of the German courts in the cases. The au

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2

Love, Ben. "The International Court of justice: Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening)." International Legal Materials 51, no. 3 (2012): 563–605. http://dx.doi.org/10.5305/intelegamate.51.3.0563.

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On February 3, 2012, the International Court of Justice (‘‘ICJ’’ or ‘‘Court’’) issued a widely-anticipated judgment in a dispute over state immunity between Italy and Germany. The Court found that Italy violated its international law obligation to respect the jurisdictional immunity of the German state by: (i) allowing individuals to bring civil claims against Germany in Italian courts for violations of international humanitarian law committed by the German Reich between 1943 and 1945; (ii) declaring Greek judgments finding similar international law violations by Germany enforceable in Italy;

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3

Vogl, Thomas. "French Influences on Germany’s Commercial Courts in the Nineteenth Century." Tijdschrift voor Rechtsgeschiedenis 88, no. 3-4 (2020): 469–94. http://dx.doi.org/10.1163/15718190-00880a19.

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Summary The present contribution explores the extent of influence which French law had on the development of Germany’s commercial courts in the nineteenth century. Modern literature describes this influence as marginal, yet without further proof. The author takes this state of research as a starting point to compare the Napoleonic legislation on commercial courts with the German commercial court systems of the nineteenth century. However, the present contribution will start with an overview of the German legal situation at the end of the eighteenth century. This is followed by an examination o

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4

Rühl, Giesela. "Preparing Germany for the 21st Century: The Reform of the Code of Civil Procedure." German Law Journal 6, no. 6 (2005): 909–42. http://dx.doi.org/10.1017/s2071832200014036.

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One of the most important dates in German legal history is 1 October 1879. On this day the four Imperial Judiciary Laws (Reichsjustizgesetze) became effective: the Code of Civil Procedure (Zivilprozessordnung), the Code of Criminal Procedure (Strafprozessordnung), the Law on the Organization of Courts (Gerichtsverfassungsgesetz) and the Bankruptcy Code (Konkursordnung). They replaced a large number of different organizational and procedural provisions in the existing German states and effectively established legal uniformity in civil and criminal procedure in the German Empire. More specifical

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5

Konyukhova, A. A. "Settlement of Tax Disputes in the Russian Federation and Germany." MGIMO Review of International Relations, no. 2(41) (April 28, 2015): 269–75. http://dx.doi.org/10.24833/2071-8160-2015-2-41-269-275.

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This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was bor

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6

DELMARTINO, BART. "The End of the Road for the Prince? Sixty Years after the Czechoslovak Confiscation of Liechtenstein Property." Leiden Journal of International Law 19, no. 2 (2006): 441–58. http://dx.doi.org/10.1017/s0922156506003372.

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In 1945 Czechoslovakia confiscated Liechtenstein property as reparation for the damage done by Nazi Germany. Private claims failed before the courts of Czechoslovakia, and international law did not provide Liechtenstein with a means of action against Czechoslovakia. When the property was on loan in Germany, a private case for recovery was declared inadmissible by the German courts, in line with Germany's international obligations. The European Court of Human Rights accepted these decisions. Liechtenstein, on the other hand, considered them to violate its sovereignty. In 2005, the International

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7

Arena, Federico José. "Which Kind of Discretion in Constitutional Adjudication? A Discussion of Mher Arshakyan's The Impact of Legal Systems on Constitutional Interpretation: A Comparative Analysis: The U.S. Supreme Court and the German Federal Constitutional Court." German Law Journal 14, no. 8 (2013): 1337–44. http://dx.doi.org/10.1017/s2071832200002285.

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In his paper The Impact of Legal Systems on Constitutional Interpretation: A Comparative Analysis: The U.S. Supreme Court and the German Federal Constitutional Court, Arshakyan carries out an interesting and detailed comparison between American and German constitutional courts by individualizing the properties shared by both courts and identifying the differences.

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8

Klinger, Remo. "Exceedance of Limit Values for Fine Dust Particles: Violation of Community Law before German Courts." Journal for European Environmental & Planning Law 3, no. 4 (2006): 300–307. http://dx.doi.org/10.1163/187601006x00542.

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AbstractFine dust limit values are being exceeded in many German cities. For this reason citizens living on particularly polluted roads have been taking legal action to enforce the adoption of action plans and immediate measures to reduce road traffic. Most of the early decisions by the German Administrative Courts have dismissed any rights of citizens to enforce the adoption of action plans or independent measures. These decisions have not followed the requirements of Community law regarding access by individuals to the national courts as prescribed by the ECJ because they deprive claimants i

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9

Reutter, Werner. "German State Constitutional Courts." German Politics and Society 39, no. 2 (2021): 1–21. http://dx.doi.org/10.3167/gps.2021.390201.

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The article shows that two constitutional principles govern the election of justices and the composition of the 16 German state constitutional courts: democracy and the separation of powers. The recruitment of candidates, the vote on nominees in state parliaments, and the composition of benches of the courts in question support this assumption. There is no evidence indicating that a partisan takeover of German state constitutional courts has taken place. In addition, the majorities required for an appointment of justices of state constitutional courts seem less crucial than is often assumed.

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10

Hartwig, Matthias. "Much Ado About Human Rights: The Federal Constitutional Court Confronts the European Court of Human Rights." German Law Journal 6, no. 5 (2005): 869–94. http://dx.doi.org/10.1017/s2071832200014000.

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On October 14, 2004 the Bundesverfassungsgericht (BVerfG – German Federal Constitutional Court) delivered a judgment which gave rise to vivid reactions in the mass media and to a dispute between the European Court of Human Rights (ECtHR) and the German Federal Constitutional Court. In interviews, members of the Strasbourg court spoke about their disappointment in the German Court's unwillingness to implement decisions of the ECtHR while members of the German court referred to the necessity to respect national particularities. Whereas, normally, the ECtHR and the constitutional courts of the Me

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11

Richter, Ida. "Nazi Crimes Before West German Courts." Journal of International Criminal Justice 18, no. 1 (2020): 167–83. http://dx.doi.org/10.1093/jicj/mqaa016.

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Abstract Fritz Bauer was one of the main figures of post-war West Germany who fought to bring Nazi perpetrators to trial before German courts at a time when the prevailing general climate and mentality was one of impunity and a need to make a ‘clean break’. This article investigates whether Bauer’s ideas can be set in relation to today’s notions of international criminal justice. Looking for this connection seems an obvious and necessary endeavour, since Bauer’s work focused on prosecuting Nazi crimes, which were dealt with initially by the International Military Tribunal of Nuremberg, the fir

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12

McAdams, A. James. "The Honecker Trial: The East German Past and the German Future." Review of Politics 58, no. 1 (1996): 53–80. http://dx.doi.org/10.1017/s0034670500051664.

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Fifty years after the Nuremberg tribunals, Germany is once again caught up in a series of controversial trials involving former dictators. This time, officials of the former German Democratic Republic (GDR) sit in the docks. Some observers have criticized these proceedings, maintaining that they will result in the imposition of an arbitrary form of “victor's justice.” Others have claimed, in contrast, that the cumbersome German Rechtsstaat (“state under the law”) will prove incapable of responding to public demands for retribution. In this article, the author maintains that Germany's courts ha

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13

Berger, Helge, and Michael Neugart. "How German Labor Courts Decide: An Econometric Case Study." German Economic Review 13, no. 1 (2012): 56–70. http://dx.doi.org/10.1111/j.1468-0475.2011.00539.x.

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Abstract Courts are an important element in the institutional framework of labor markets, often determining the degree of employment protection. German labor courts provide a vivid example in this regard. However, we know relatively little about court behavior. A unique dataset on German labor court verdicts reveals that social and other criteria like employee characteristics, the type of job, local labor market conditions and court composition influence court decisions. At least as striking is that workers’ chances to win depend on where and when their cases are filed. This generates consider

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14

Scheuing, Dieter H. "The Approach to European Law in German Jurisprudence." German Law Journal 5, no. 6 (2004): 703–19. http://dx.doi.org/10.1017/s2071832200012803.

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To adequately assess the approach to European law in German jurisprudence is an impossible task to fulfill, yet one which is indispensable.The impossibility of such an attempt becomes clear if one realizes the multitude and variety of courts and judicial procedures existing in the Federal Republic of Germany. Our present judicial system is composed of 1,162 national courts with a total of about 21,000 judges.1 Eight of these courts are federal courts, the others are courts of the Länder, i.e. of the sixteen Member States of the Federation.

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15

Trifonov, S. G. "CONSTITUTIONAL AND LEGAL STATUS OF THE FEDERAL CONSTITUTIONAL COURT OF GERMANY AND LAND CONSTITUTIONAL COURTS AND THEIR PLACE IN THE SYSTEM OF STATE AUTHORITIES." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), no. 2 (2020): 92–101. http://dx.doi.org/10.37279/2413-1733-2020-6-2-92-101.

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The article examines and analyzes the legal status of the constitutional Court of the Federal Republic of Germany, examines the functions inherent in this body of constitutional jurisdiction of Germany, the features of its place in the system of bodies of the Federal German state, also pays attention to the land constitutional courts and the features of their status and functioning.

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16

Schmidt, Susanne K. "A Sense of Déjà Vu? The FCC's Preliminary European Stability Mechanism Verdict." German Law Journal 14, no. 1 (2013): 1–19. http://dx.doi.org/10.1017/s2071832200001693.

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Over the summer of 2012, the pending verdict of the German Federal Constitutional Court (FCC) was a topic of much speculation not only in Germany and in the European Union (EU), but also on the international level. Christine Lagarde, the managing director of the International Monetary Fund (IMF) was quoted as threatening to leave a meeting, were she to hear again “Bundesverfassungsgericht.” That decisions of a German non-majoritarian institution have such transnational repercussions while being guided by German laws and national considerations is nothing new. The Bundesbank's D-Mark rule was c

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17

Kurtishi, Emir. "The Constitutional Court of the Federal Republic of Germany." SEEU Review 15, no. 2 (2020): 143–55. http://dx.doi.org/10.2478/seeur-2020-0023.

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Abstract Decisions made so far by the Federal Constitutional Court of Germany have always been characterized by their writing and content, even down to details, precision, accuracy, professional legal style of writing, always clear in the elaboration and adjudication of cases from its competence, but surprisingly, in our country, only a few have paid attention to the German Court in a scientific context, which can be seen from the only few materials we possess in the Albanian language. The purpose of this paper is to provide an overview of this Court, so that the comparative aspects can be mad

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18

Voβkuhle, Andreas. "Multilevel cooperation of the European Constitutional Courts: Der Europäische Verfassungsgerichtsverbund." European Constitutional Law Review 6, no. 2 (2010): 175–98. http://dx.doi.org/10.1017/s1574019610200020.

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Broad concept of constitutional jurisdiction – Triangle between Karlsruhe, Strasbourg and Luxembourg – European vocation of the German Constitutional Court and Basic Law – European Convention on Human Rights – Karlsruhe decisions can be reviewed in Strasbourg – Human rights-related constitutional court – European Court of Justice developed into constitutional court of the Union – Verbund between three courts – No simplistic hierarchy – Verbund techniques – Dialogue in Human Rights; Interplay in Integration – Federal Constitutional Court and European Court of Human Rights functionally comparabl

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19

Kehoe, Thomas J., and Elizabeth M. Greenhalgh. "Bias in the Treatment of Non-Germans in the British and American Military Government Courts in Occupied Germany, 1945–46." Social Science History 44, no. 4 (2020): 641–66. http://dx.doi.org/10.1017/ssh.2020.25.

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AbstractNon-Germans—particularly “displaced persons”—were routinely blamed for crime in occupied western Germany. The Allied and German fixation on foreign gangs, violent criminals, and organized crime syndicates is well documented in contemporary reports, observations, and the press. An abundance of such data has long shaped provocative historical narratives of foreign-perpetrated criminality ranging from extensive disorder through to near uncontrolled anarchy. Such accounts complement assertions of a broader and more generalized crime wave. Over the last 30 years, however, a literature has e

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20

Milon, Alice, and Renaud Bouvet. "Scientific Uncertainty in Courts. A France-Germany Comparative Perspective on Litigation surrounding Hepatitis B Vaccination." European Journal of Health Law 26, no. 1 (2019): 5–25. http://dx.doi.org/10.1163/15718093-12261414.

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Abstract Litigation concerning hepatitis B vaccination provides a good illustration of the difficulties courts encounter when deciding on compensation claims in which scientific uncertainty, whether real or perceived, is present. Despite the difference in approach to vaccination – an obligation in France and a recommendation in Germany –, their vaccine coverage is comparable, as are their regimes of compensation for damage attributed to vaccination, whether on the basis of producer liability or national solidarity. Confronted with scientific uncertainty, German and French courts choose to make

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21

Dalügge-Momme, Natascha. "Englische Gerichtsverhandlungen in Deutschland und Europa." Babel. Revue internationale de la traduction / International Journal of Translation 66, no. 2 (2020): 278–93. http://dx.doi.org/10.1075/babel.00154.mom.

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Abstract Time and again, the topic of “Proceedings in English at German courts’ haunts the German media. Despite the failure of this experiment in some German cities, others keep trying again and again. This is intended to secure Germany as a court location in the long term. Other countries in Europe, such as Belgium, the Netherlands or France, have also been toying with these possibilities. What are the results there? Have they led to the expected securing of the place of jurisdiction? Are all those involved in the proceedings, such as judges, public prosecutors and lawyers, any witnesses, cl

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22

Taylor, Greg. "Scientology in the German Courts." Journal of Law and Religion 19, no. 1 (2003): 153. http://dx.doi.org/10.2307/3649169.

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23

Rohe, Mathias. "Islamic Law in German Courts." Hawwa 1, no. 1 (2003): 46–59. http://dx.doi.org/10.1163/156920803100420270.

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24

Görlitz, Franziska, Juliane Hubert, Jasmin Kucher, Moritz Scheffer, and Patrick Wieser. "“Tatprovokation” – The Legal Issue of Entrapment in Germany and Possible Solutions." German Law Journal 20, no. 4 (2019): 496–509. http://dx.doi.org/10.1017/glj.2019.33.

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AbstractIncitement by police officers is a well-known and often utilized police measure in the German investigation process. Yet, when it comes to prosecuting the perpetrators, a moral conflict arises. Should a State, bound by its own constitution and committed to protect its citizens, be allowed to incite or support a possible offender and afterwards judge on his or her wrongful actions? After Germany’s higher courts had to deal with multiple cases of entrapped perpetrators, there has been a strong debate about the admissibility, requirements, and consequences of entrapment within the German

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25

Bornkamm, Paul Christoph. "State Immunity Against Claims Arising from War Crimes: The Judgment of the International Court of Justice inJurisdictional Immunities of the State." German Law Journal 13, no. 6 (2012): 773–82. http://dx.doi.org/10.1017/s2071832200020733.

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The recent judgment of the International Court of Justice (ICJ) in theCase Concerning Jurisdictional Immunities of the State(Germany v. Italy; Greece Intervening) marks the climax of a series of legal proceedings before Greek, Italian, and German courts, as well as the European Court of Human Rights (ECHR) stretching over a period of more than fifteen years. The international community had eagerly awaited the ICJ's findings on the issue at the heart of the dispute, namely the scope of state immunity before foreign courts in cases concerning claims arising from serious violations of internation

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Baliura, Anna. "Peculiarities of court proceedings in insolvency cases under the laws of the Federal Republic of Germany." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 407–11. http://dx.doi.org/10.36695/2219-5521.1.2020.80.

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The present article represents the results of the analysis of the German model of court proceedings in insolvency cases. In particular, within the framework of our research we have analysed specific aspects of the use of terminological apparatus, inter alia, we have traced the differences of the use of terms ‘insolvency’ and ‘bankruptcy’ under the laws of Germany. Besides, the article covers jurisdiction rules in insolvency cases and provides key characteristics of enforcement proceedings in respective cases. The present article contains in-depth analysis of criteria for recognition the debtor

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27

Sanger, Andrew. "I. IMMUNITY OF STATE OFFICIALS FROM THE CRIMINAL JURISDICTION OF A FOREIGN STATE." International and Comparative Law Quarterly 62, no. 1 (2013): 193–224. http://dx.doi.org/10.1017/s002058931200053x.

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AbstractIn Khurts Bat, the English High Court held that Mr Bat, a Mongolian State official charged with committing municipal crimes on German territory, was not immune from the jurisdiction of German courts and could therefore be extradited to Germany. This article examines the three theories of immunity put forward in that case: (1) special missions immunity, (2) high-ranking official immunity, and (3) State immunity. It focuses on the question of whether State officials charged with municipal crimes may plead immunity ratione materiae from the criminal jurisdiction of a foreign State by exam

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28

Kment, Martin. "Höchstrichterliche Rechtsprechung zum Planungsrecht." Die Verwaltung 51, no. 4 (2018): 559–90. http://dx.doi.org/10.3790/verw.51.4.559.

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Abstract In the last five years (2014– 2018) judgements of the German Federal Administrative Court (Bundesverwaltungsgericht) have significantly influenced the German planning law (Baugesetzbuch). This article provides a representative overview of these decisions. It also explains their influence on the German planning law with a particular emphasis on the law of urban landuse planning (Bauleitplanung) and building consents (Baugenehmigung). The article also takes into account some decisions of the German Federal Constitutional Court (Bundesverfassungsgericht) as well as the German Federal Cou

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29

Safferling, Christoph, and Gurgen Petrossian*. "Universal Jurisdiction and International Crimes in German Courts – Recent Steps Towards Exercising the Principle of Complementarity after the Entry into Force of the Rome Statute." European Criminal Law Review 11, no. 2 (2021): 242–63. http://dx.doi.org/10.5771/2193-5505-2021-2-242.

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This article deals with recent developments in Germany in relation to international criminal cases. It describes how the German courts interpreted and applied the law on the cases and on the international crimes committed outside of Germany. In addition, it raises the alternative criminal prosecution of the persons who were involved in the international criminal activities abroad. Since 2015 the workload of German judiciary because of the active prosecution of international crimes was dramatically increased. Cases of international crimes are now part of everyday life for public prosecutors and

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30

Krey, Volker, and Oliver Windgätter. "The Untenable Situation of German Criminal Law: Against Quantitative Overloading, Qualitative Overcharging, and the Overexpansion of Criminal Justice." German Law Journal 13, no. 6 (2012): 579–605. http://dx.doi.org/10.1017/s2071832200020678.

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It is a well-established fact that German criminal trial courts are unacceptably and unreasonably overloaded. The German Federal Constitutional Court—Bundesverfassungsgericht, BVerfG—and the Federal Supreme Court of Justice—Bundesgerichtshof, BGH—frankly admit this fact. Even those legal scholars who are critical towards trial courts emphasize such overloading. This overloading is aggravated in the context of austerity measures, which seem to be based on a system that can briefly be described as follows: In principle, the BGH is not, if ever then only slightly, affected, and the State Courts o

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31

Schwerdtfeger, Angela. ""Schutznormtheorie" and Aarhus Convention- Consequences for the German Law." Journal for European Environmental & Planning Law 4, no. 4 (2007): 270–77. http://dx.doi.org/10.1163/187601007x00460.

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AbstractThe Aarhus Convention raises new questions about the future of the German "Schutznormtheorie" limiting access to justice before the administrative courts. The text and history of Article 9 (2) Aarhus Convention and of Directive 2003/35/EC on public participation seem to recognise this German concept. However, a closer examination of the objective of wide access to justice and of the case law of the European Court of Justice reveals a clear need for changes with regard to the application of this concept by the German courts. In this context, the interrelation of limited rights of action

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Pliakos, Asteris, and Georgios Anagnostaras. "Blind Date Between Familiar Strangers: The German Constitutional Court Goes Luxembourg!" German Law Journal 15, no. 2 (2014): 369–82. http://dx.doi.org/10.1017/s2071832200002996.

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Preliminary references by national constitutional courts are not an everyday occurrence in Union law. No surprise, therefore, that they attract considerable publicity and give rise to a significant amount of academic comment. However, the recent preliminary request of the German Federal Constitutional Court (GFCC) inGauweilerconstitutes undoubtedly the most important and historic preliminary reference made thus far by a constitutional court. This is not only because it is the very first preliminary request of this particular court, inaugurating potentially a whole new era in its institutional

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33

Wekel, Sarah. "German Labour Courts Struggle with Trifles." European Labour Law Journal 1, no. 2 (2010): 280–85. http://dx.doi.org/10.1177/201395251000100209.

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Check, Erika. "Florida courts German life-sciences institute." Nature 449, no. 7160 (2007): 264–65. http://dx.doi.org/10.1038/449264b.

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Balaj, Luz, and Florent Muçaj. "The Extension of the Jurisdiction of Constitutional Court in Assessing the Constitutional Amendments – the Case of Slovakia and Kosovo." International and Comparative Law Review 20, no. 2 (2020): 239–53. http://dx.doi.org/10.2478/iclr-2020-0027.

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Summary This paper examines the jurisprudence of the constitutional courts of Slovakia and Kosovo regarding their assessment of the constitutionality of constitutional amendments. The rationale for the selected countries stands behind the practices of their Constitutional Courts of, in terms of the jurisdiction expansion in assessing constitutional amendments. Considering the fact that these courts have been recently established, the Slovak Constitutional Court with the Constitution of 1992 and the Constitutional Court of Kosovo with the Constitution of 2008, it is the purpose of this paper to

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Polzer, Anna-Dorothea. "A Clock in Court: East German Export of Cultural Property Considered by West German Courts." International Journal of Cultural Property 2, no. 1 (1993): 111–16. http://dx.doi.org/10.1017/s0940739193000116.

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37

Gavrilenko, Alena Aleksandrovna. "The peculiarities of enforcement of decisions of the European Court of Human Rights: experience of Germany relevant to Russia." Международное право и международные организации / International Law and International Organizations, no. 3 (March 2019): 24–30. http://dx.doi.org/10.7256/2454-0633.2019.3.30269.

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This article is dedicated to the problem of enforcement of decisions of the European Court of Human Rights (ECHR) in the Federal Republic of Germany. The author explores the experience of West Germany in settling the conflict between the national law and international treaty &ndash; the European Convention on Human Rights. Special attention is given to the analysis of positions of the Federal Republic of Germany related to the decisions of ECHR made in regard to other countries and constituting precedents in German courts, as well as mandatory for considering in the work of government bodi

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38

Grakhotskiy, A. P. ""Amnesty through the Back Door" for Nazi Criminal Otto Bradfsch." Lex Russica, no. 5 (May 20, 2020): 83–96. http://dx.doi.org/10.17803/1729-5920.2020.162.5.083-096.

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In the 1960s, the process of criminal prosecution of Nazi criminals became more active in Germany. Former members of the einsatzkommand, SS members, SD, and police services who took part in the mass extermination of Jews in Eastern Europe were brought to justice. However, these trials resulted in unreasonably lenient sentences to Nazi criminals handed down by the courts. Often, the convicts managed to avoid imprisonment altogether.By the example of two trials against the commander of the einsatzkommando 8, Lodz Otto Bradfisch the head of the Gestapo Department and the chief burgomaster the pap

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Petersen, Niels. "Karlsruhe’s Lochner Moment? A Rational Choice Perspective on the German Federal Constitutional Court’s Relationship to the CJEU After the PSPP Decision." German Law Journal 21, no. 5 (2020): 995–1005. http://dx.doi.org/10.1017/glj.2020.54.

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AbstractOn May 5, 2020, the German Federal Constitutional Court issued the PSPP decision, sending shock waves through the European Union. This contribution analyzes the consequences of the PSPP decision for the future relationship between the German FCC and the CJEU and for European integration as a whole. The article consists of four parts. First, I will provide some context and model the interaction between domestic and international courts from a rational choice perspective. Second, I will recapitulate some core aspects of the relationship between the German Federal Constitutional Court and

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40

Gur-Arye, Miriam, and Thomas Weigend. "Constitutional Review of Criminal Prohibitions Affecting Human Dignity and Liberty: German and Israeli Perspectives." Israel Law Review 44, no. 1-2 (2011): 63–89. http://dx.doi.org/10.1017/s0021223700000960.

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Criminal laws must conform to each state's constitutional law. In both Israel and Germany, the highest courts have ruled on the compatibility of criminal prohibitions with constitutionally protected rights. One recurrent issue is the relationship between criminal prohibitions and the right to liberty, which is constitutionally guaranteed in both countries. The authors show that there are clear parallels in the case law of Israeli and German courts with regard to liberty. Human dignity is likewise protected in both legal systems, although it plays a different role in each. Under article 1(1) of

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Oxman, Bernard H., and Bardo Fassbender. "Confiscation of property in Czechoslovakia in 1945—exclusion of German jurisdiction—Convention on the Settlement of Matters Arising out of the War and the Occupation—nationality in international law—neutrality of Liechtenstein in World War II." American Journal of International Law 93, no. 1 (1999): 215–19. http://dx.doi.org/10.2307/2997965.

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Prince of Liechtenstein v. Federal Supreme Court. Case 2 BvR 1981/97. 36 Archiv des Volkerrechts 198 (1998).German Federal Constitutional Court (3d Chamber, 2d Senate), January 28, 1998.On January 28, 1998, a chamber of the German Constitutional Court decided that the Court would not deal with a constitutional complaint brought before it by Prince Hans-Adam II of Liechtenstein, Head of State of die Principality of Liechtenstein. In effect, the chamber thus upheld the decisions made by the civil courts rejecting the Prince's attempt to recover a family painting confiscated by Czechoslovakia and

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Mourey, Marie-Thérèse. "Der Körper als Medium höfischer Kommunikation am Beispiel des Hofballets." Daphnis 42, no. 2 (2013): 491–513. http://dx.doi.org/10.1163/18796583-04202008.

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Among the highly varied vehicles of communication in early modern German an European courts, the human body was both a crucial medium and symbolic form. The body of the prince was strategically used and glorified as a site of political representation, espexially in central German courts. This paper explores the performative functions of the ballets de cour as aestheticized, ritual expressions of power as well as the self-fashioning of the participating princes. Taking the representation of the prince in a ballet from 1687 as a case study, it focuses on the distinctive situation in the Court of

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Ott, Walter. "Did East German Border Guards Along the Berlin Wall Act Illegally?" Israel Law Review 34, no. 3 (2000): 352–72. http://dx.doi.org/10.1017/s0021223700012012.

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The German Democratic Republic's practice of firing upon istowncitizens is well-known. The question arises whether acts which were exempt from punishment in theGDRcan be punished today inreunifiedGermany? The West German Constitution expresses the notion that retroactive effect of penal laws is prohibited. However, the German Courts, above the Federal Constitutional Court (decision of 24/10/1996) have affirmed the criminal liability of East German border guards based on G. Radbruch's “natural law doctrine.”As a conclusion, it becomes clear that the illegality of acts of Berlin Wall guards can

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Braun, Kerstin. "The Right to Assisted Dying: Constitutional Jurisprudence and Its Impact in Canada, Germany and Austria." ICL Journal 15, no. 3 (2021): 291–318. http://dx.doi.org/10.1515/icl-2021-0008.

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Abstract Many states are grappling with the regulation of assistance in suicide and ending the life of another upon their request. Initially punishable in most countries, a growing number of jurisdictions have now introduced permissive frameworks decriminalising, to varying degrees, rendering assistance in dying. Other countries, however, have proceeded with the criminal prohibition and several courts have upheld the lawfulness of the respective criminal laws during human rights and constitutional challenges. Yet, the Supreme Court of Canada in 2015, the German Federal Constitutional Court in

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Mostert, Hanri. "Lost Information and Competing Interests in Restoring Germany's Dispossessed Property – The Recent Decision of the German Federal Administrative Court." German Law Journal 5, no. 1 (2004): 1–13. http://dx.doi.org/10.1017/s2071832200012219.

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With the progressive “accession” of the German Democratic Republic to the Federal German Republic after the reunification in 1990, Germany had to deal with a number of impediments emanating from the attempt to reconcile different political, social and legal models that developed during the forty years of separation between East and West Germany. Among these was the issue of how the property order in Germany would be influenced by seeking to integrate two such different socio-political and legal systems. As the discussion below indicates, the demands placed by this issue on the courts, legislat

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DAVIES, BILL. "Pushing Back: What Happens When Member States Resist the European Court of Justice? A Multi-Modal Approach to the History of European Law." Contemporary European History 21, no. 3 (2012): 417–35. http://dx.doi.org/10.1017/s0960777312000276.

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AbstractEstablished explanations of the development of the European legal system focus on the decisive power of the Court of Justice in determining the system's practice and parameters. Even accounts highlighting the various interlocutors involved with the Court are ultimately drawn to Luxembourg as the fulcrum of decision. However, these approaches neglect the equally constitutive role played by national courts, particularly when resisting the European Court of Justice (ECJ). By analysing the important consequences of the German Constitutional Court's Solange decision of 1974, this paper argu

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Bothe, Michael. "THE DECISION OF THE ITALIAN CONSTITUTIONAL COURT CONCERNING THE JURISDICTIONAL IMMUNITIES OF GERMANY." Italian Yearbook of International Law Online 24, no. 1 (2015): 25–35. http://dx.doi.org/10.1163/22116133-90000071a.

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In judgment No. 238/2014 the Italian Constitutional Court held that the Italian Constitution required Italian courts to disregard the decision of the International Court of Justice (ICJ) upholding Germany’s jurisdictional immunity and to continue proceedings against Germany concerning actions for damages arising out of war crimes and crimes against humanity committed by Germany during the Second World War. The Court balanced the constitutional value of respect for international law, demanding respect for the binding force of the ICJ judgment, against the value of enforcing fundamental rights,

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Heger, Martin. "BgHSt 20, 22 und die Neubürger-Klausel des deutschen Strafanwendungsrechts – ein deutsch-polnischer Fall schreibt Rechtsgeschichte bis heute." Miscellanea Historico-Iuridica 19, no. 2 (2020): 141–60. http://dx.doi.org/10.15290/mhi.2020.19.02.08.

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In its judgment of the 4th September 1964 the German Federal Court of Justice had to deal with a German-Polish case of murder. The accused persons were members of the German minority in Poland and lived in the Western part of Poland, when German troops occupied that territory in the autumn of 1939. Short after the invasion they killed the members of a Jewish family living in the same territory. Both, the perpetrators as well as the victims were Polish nationals, when the crime was committed. The perpetrators have got the German nationality in the following. It is not clear, whether they have b

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Wesson, Murray. "The Reception of Structured Proportionality in Australian Constitutional Law." Federal Law Review 49, no. 3 (2021): 352–79. http://dx.doi.org/10.1177/0067205x211016581.

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A majority of the High Court has incorporated a test of structured proportionality into its implied freedom of political communication case law. Structured proportionality developed in the context of constitutional rights adjudication and requires courts to engage in substantive, values-based reasoning. The Australian Constitution does not contain a Bill of Rights and the High Court is known for its commitment to legalism and textualism. Against this background, one might think that the High Court would interpret the elements of structured proportionality so that they assume a highly distincti

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Wendel, Mattias. "Lisbon Before the Courts: Comparative Perspectives." European Constitutional Law Review 7, no. 1 (2011): 96–137. http://dx.doi.org/10.1017/s1574019611100061.

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Lisbon decisions of the constitutional courts in Austria, the Czech Republic, France, Germany, Hungary, Latvia and Poland from a comparative perspective – Democracy, sovereignty and identity – Permeability of national and supranational law – Ratification of the Lisbon Treaty and its constitutional foundations – Procedural background and legal outcome of the Lisbon decisions – Differences of institutional self-conception – Parliamentary responsibility for integration – Prior parliamentary assent to the future application of ‘dynamic treaty provisions’ – Different conceptions of national and mul

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