Employment Policy, the State, and the Unions in the Federal Republic of Germany

1989 ◽  
pp. 87-106
Author(s):  
Gerhard Bosch ◽  
Werner Sengenberger
Keyword(s):  
Federal Republic ◽  
The State ◽  
Federal Republic Of Germany ◽  
Employment Policy

scholarly journals Looted Art in the Politics of Memory of the FRG

2018 ◽  
pp. 211-227
Author(s):  
V. Soloshenko
Keyword(s):  
Cultural Heritage ◽  
Federal Republic ◽  
German Society ◽  
The State ◽  
Crimes Against Humanity ◽  
Federal Republic Of Germany ◽  
Extensive Experience ◽  
Politics Of Memory ◽  
Memory And Learning ◽  
New Treatment

Memory and learning tragic pages of history, such as genocide and crimes against humanity, are of great importance for the future of the state. This article deals with the problem of the looted art, itsplace in the politics of memory of the Federal Republic of Germany. The problems of protection, preservation, and repatriation of the cultural heritage looted by the Nazi before and during World WarII have received new treatment in the German society. It is pointed out that Germany has extensive experience of addressing the burdensome past, it has been established how the FRG solves the problem of its overcoming, its new facets and dimensions are revealed. The German experience of the last decades in the matter of search and restitution of lost and illegally transported works of art and its value for Ukraine is analyzed.

scholarly journals Social and Economic Rights in the German Basic Law? An Analysis with Respect to Jurisprudence of the Federal Constitutional Court

2020 ◽  
Vol 6 (2) ◽  
pp. 190
Author(s):  
Christoph Enders
Keyword(s):  
Federal Republic ◽  
Separation Of Powers ◽  
The State ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Economic Rights ◽  
Basic Law ◽  
Federal Constitutional ◽  
Right To Participation ◽  
The Right

The Basic Law for the Federal Republic of Germany did originally not provide for social or economic rights understood as claims to benefits. The Federal Constitutional Court (FCC) did, indeed, recognise the states obligation to protect individuals against assault by others (right to security) and further ruled that everyone has the right to use facilities provided by the state under equal conditions (right to participation). These rights, however, aim to ensure that the state uses existing means as intended. In addition, the FCC by now has recognised a “right to the guarantee of a dignified minimum subsistence”. It is an original entitlement as the state is obliged to create and provide benefits for individuals in need. This new legal construction, however, misconceives the division of responsibilities between the FCC and the legislator and collides with the principle of the separation of powers

The Dispute on Jurisdictional Immunities of the State before the ICJ: Is the Time Ripe for a Change of the Law?

2011 ◽  
Vol 24 (1) ◽  
pp. 173-200 ◽  
Author(s):  
ANDREA GATTINI
Keyword(s):  
Federal Republic ◽  
The State ◽  
Customary Law ◽  
Federal Republic Of Germany ◽  
Future Developments ◽  
State Practice ◽  
The Icj ◽  
The Law ◽  
The Republic ◽  
Jus Cogens

AbstractThe pending dispute at the ICJ between the Federal Republic of Germany and the Republic of Italy on jurisdictional immunities of states bears on the hotly debated question of whether a state having committed a violation of jus cogens loses its immunity from civil jurisdiction abroad, as maintained by the Italian Court of Cassation. The article aims to demonstrate the untenability of the position of the Italian Court of Cassation, not only under current international customary law, but also under a prospective de lege ferenda. Nevertheless, different options are open to the ICJ to adjudicate the case, without impinging on possible future developments of state practice. The article closes by pointing at the risks that, in a strict dualist/pluralist perspective, not even an ICJ's decision in favour of Germany would eventually ensure compliance by Italian domestic judges.

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