Cutting-in On the Dance: The Federal Constitutional Court Rejects a Motion for a Temporary Injunction from Berlin's Love Parade

2001 ◽  
Vol 2 (13) ◽  
Keyword(s):  
Constitutional Court ◽  
Federal Constitutional ◽  
Techno Music ◽  
Temporary Injunction

To characterize the administrative lead-up to the 12th Annual Love Parade in Berlin it might be more appropriate to invoke the violent, thrashing mosh pits of the grunge scene from a decade ago rather than the pulsing, rhythmic harmony expected of a rave, of which the Love Parade may be the world's largest and most celebrated. Held on July 14 each year since 1989, the Love Parade in recent years has drawn more than a million people for a day-long dance/party/festival all set to the distinctive drive of techno-music. The Love Parade has become so popular that in 1997 it spawned an alternative, opposition festival called the Fuck Parade, which has been held each year on the same day at another location in Berlin, promising a more authentic, less commercialized rave.

scholarly journals The Federal Constitutional Court's Emergency Power to Intervene: Provisional Measures Pursuant to Article 32 of the Federal Constitutional Court Act

2001 ◽  
Vol 2 (13) ◽  
Author(s):  
Andreas Maurer
Keyword(s):  
Common Good ◽  
Constitutional Court ◽  
The Common Good ◽  
High Profile ◽  
Federal Constitutional ◽  
Emergency Power ◽  
The Common ◽  
Temporary Injunction

In three high-profile cases the Bundesverfassungsgericht (BVerfG — Federal Constitutional Court) was recently called upon to exercise its authority to issue a temporary injunction in proccedings referred to as einstweilige Anordnungen (provisional measures). Article 32 of the Bundesverfassungsgerichtgesetz (BVerfGG — Federal Constitutional Court Act) provides: In a dispute the Federal Consitutional Court may deal with a matter provisionally by means of a temporary injunction if this is urgently needed to avert serious detriment, ward off imminent force or for any other important reason for the common good.

Federal Constitutional Court Issues Temporary Injunction in the NPD Party Ban Case

2001 ◽  
Vol 2 (13) ◽  
Keyword(s):  
Political Parties ◽  
Democratic Party ◽  
German Law ◽  
Constitutional Court ◽  
Right Wing ◽  
Federal States ◽  
Constitutional Order ◽  
Federal Constitutional ◽  
Political Sector ◽  
Temporary Injunction

German Law Journal reported last November on the German Government's plans to take the extraordinary move of seeking a constitutional ban of the extreme right-wing National Democratic Party of Germany. At the end of January, 2001, the Federal Government filed its motion for a ban of the NPD with the Federal Constitutional Court in Karlsruhe. At the end of March, 2001, the Bundestag (Federal Parliament) and the Bundesrat (Federal Legislative Chamber of the States) followed with separate motions. The Federal Constitutional Court now has before it three separate actions, raising distinct claims and presenting distinct evidence, seeking the constitutional excommunication of the NPD. The motions present a unified front from every political sector of the German constitutional order: the executive, the legislature and the Länder (federal states). This lock-step approach to the effort to ban the NPD was part of the master-scheme of Federal Interior Minister Otto Schily, who pressed hard to gain support for the move to seek a ban from all mainstream political parties and all the Länder, at least in part to limit the political fall-out in the case that the Constitutional Court finds against the motions.

scholarly journals Federal Constitutional Court To Decide Whether to Issue a Temporary Injunction Against Germany's New Lifetime Partnerships Law for Homosexual Couples

2001 ◽  
Vol 2 (12) ◽  
Author(s):  
Andreas Maurer
Keyword(s):  
Social Evolution ◽  
Constitutional Court ◽  
Federal States ◽  
The Social ◽  
Federal Constitutional ◽  
Considerable Controversy ◽  
The Subject ◽  
Temporary Injunction ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

On July 18, 2001, the Bundesverfassungsgericht (German Federal Constitutional Court) will issue its ruling in the application for a temporary injunction, brought by the Länder (Federal States) of Bavaria and Saxony, to block the August 1 effective date of the new federalLebenspartnerschaftgesetz(LPartG — Registered Lifetime Partnership Act for Homosexual Relationships). This act has been the subject of considerable controversy including the claims at the heart of the Federal States' challenge to the constitutionality of the statute. This article will: (a) briefly survey the social evolution that has necessitated the regulations in this statute; (b) describe some of the statute's provisions; and (c) end by summarizing some of the sometimes harsh and often very emotional arguments involved in the debate over the LPartG and raised as part of the challenge to the statute's constitutionality in the proceedings before the Federal Constitutional Court.

International Treaties and The German Constitution

2019 ◽  
pp. 171-190
Author(s):  
Stefan Kadelbach
Keyword(s):  
German Law ◽  
Foreign Affairs ◽  
European Convention ◽  
Constitutional Court ◽  
International Treaties ◽  
Basic Law ◽  
The Status ◽  
German Constitution ◽  
Federal Constitutional

This chapter deals with the making, status, and interpretation of international treaties under the German Constitution. It describes the interrelationship of the different institutions in treaty-making and shows how a comparatively old provision of the German Basic Law has been adapted slowly to new circumstances over the past decades. Thus, even though foreign affairs has remained a domain of the executive, several developments have contributed to an enhanced role of Parliament over time. These developments are partly due to the role of special sectors of law such as EU law and the law governing the use of force and partly due to changes in constitutional practice. As for the status of treaties in German law, the Federal Constitutional Court has developed a stance according to which treaties generally share the rank of the legal act that implements them into domestic law. A notable exception is the European Convention of Human Rights, which has assumed a quasi-constitutional rank by means of consistent interpretation. Some reference is made to other continental systems to assess how far different constitutions bring about certain features; various systems appear similar in many respects at first sight, whereas features in which they differ may be a source of inspiration for future constitutional practice.

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