scholarly journals Carl Schmitt’s friend-enemy distinction today

2017 ◽  
Vol 28 (2) ◽  
pp. 304-317
Author(s):  
Reinhard Mehring
Keyword(s):  
Complex System ◽  
European Union ◽  
Federal Republic ◽  
Current Situation ◽  
Carl Schmitt ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
The Eu

After 1945, Carl Schmitt largely revoked his nationalist positions from before the war, although he also rarely publicly voiced his opinion about the Federal Republic of Germany and the development of the European Union. However, his complex system of categories offers manifold possibilities for an independent update. This paper aims to sketch the development of Schmitt?s friend-enemy theory in his Theory of the Partisan, adapting this treatise to present issues. It further tries to, using Schmitt?s categories, address the current situation in the EU from the perspective of the Federal Republic of Germany.

24 Arts. 23 et seq. GG: International Integration

2019 ◽  
Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas
Keyword(s):  
European Union ◽  
Federal Republic ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
Collective Security ◽  
International Integration ◽  
Eu Integration ◽  
Federal Constitutional ◽  
The Relationship ◽  
The Eu

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.

scholarly journals Digital business taxation issues and threats abstract

2020 ◽  
pp. 98-121
Author(s):  
Alanas Gulbinas ◽  
Kamilė Jogminaitė
Keyword(s):  
European Union ◽  
Modern Society ◽  
Current Situation ◽  
Business Taxation ◽  
The European Union ◽  
Bilateral Agreements ◽  
Corporate Profit ◽  
Eu Directive ◽  
The Impact ◽  
The Eu

“Article of digital business taxation issues and threats”, analyzes the impact of the digitalization in modern society and the changes of corporate profit tax. This article has been concentrated on the regulation of the European Union but mentions the international adjustments as well. The article has been written in a discussion of national law and bilateral agreements, which apply to the traditional permanent headquarters concept. This article discusses the current situation, where digital businesses are not being taxed with corporate profit tax, and possibilities to change it according to the needs of the digital economy In addition, when digital businesses emerged, the permanent headquarters concept, which taxed based on the permanent location, required further discussion and a new definition. Therefore, the article talks over the proposals of the European Union to equalize corporate profit taxation. The article analyzes the possible consequences and issues of the adaptation of the EU directive. In question of regulating the corporate profit tax, the authors discussed the competence of the EU.

Germany and the European Union

2019 ◽  
Author(s):  
Simon Bulmer
Keyword(s):  
European Union ◽  
European Integration ◽  
West Germany ◽  
The Political ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
European Policy ◽  
Political Climate ◽  
The Holocaust ◽  
The Eu

The Federal Republic of Germany (FRG) was a founder member of the European integration process, namely the European Coal and Steel Community (ECSC) created in 1952. However, the circumstances were very different from the 2010s. Germany was a divided and defeated state until 1990. Integration provided important political and economic support to West Germany. From the 1970s, it strengthened the FRG’s foreign policy reach, for the new state was constrained by Cold War politics as well as other legacies, notably the Holocaust. European integration provided a framework for building trust with western neighbors, particularly France. The collapse of the German Democratic Republic (GDR) in 1989 and its absorption into the FRG through unification in 1990 brought about significant change to Germany’s relationship to European integration. The unified Germany became the largest member state. Initial concerns about German power in Europe were allayed by Chancellor Helmut Kohl pursuing deeper integration to bind the unified Germany further to integration: through creating the European Union (EU) itself and setting a course toward monetary union. Specific concerns about German power only really emerged in the 2010s, as the EU was bedeviled by several crises. In seeking to offer a comprehensive understanding of Germany’s relationship with the EU, coverage is organized around four broad themes: the historical dimension of the relationship; the substance of Germany’s European policy; the sources of Germany’s European policy; and Germany’s role and power in the EU. The historical dimension of Germany’s relationship with European integration is important as a first theme. It is no exaggeration to suggest that European integration helped emancipate the FRG from the historical legacy of turbulent relations with France, Nazi tyranny, and the opprobrium of the Holocaust. European integration afforded a complementary framework for Germany’s political and economic order. The importance of embedding German unification in a context of European integration should not be underestimated. Germany’s European policy has displayed considerable consistency up to the contemporary era. Support for further integration, for enlargement, the market order, and the development of an EU “civilian power” have been key components. These policies are important contributors to understanding Germany’s role in the EU: the second theme. The political and economic system of the FRG forms an important backdrop to understanding Germany’s policy and role in the EU: the third theme. From the 1960s until the 2010s, EU membership was subject to cross-party consensus and permissive public support. These circumstances allowed the federal government autonomy in pursuing its European policy. However, the political climate of European policy has become much more contested in the 2010s. Germany’s role was placed in the spotlight by the succession of crises that have emerged within the EU and in its neighborhood in the 2010s, particularly the eurozone and migration crises. The fourth theme explores how the question of German power re-emerged. These four themes are important to understanding Germany’s role in the EU, especially given Berlin’s centrality to its development.

Data Protection in the Federal Republic of Germany and the European Union: An Unequal Playing Field

2014 ◽  
Vol 15 (3) ◽  
pp. 461-494
Author(s):  
Anne-Marie Zell
Keyword(s):  
European Union ◽  
Data Protection ◽  
New Technologies ◽  
Location Based Services ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Playing Field ◽  
The Eu

With the negotiation of its Data Protection Regulation, the European Union seeks to reform an outdated set of laws that has failed to address the evolving data protection challenges inherent in new technologies such as social networks, e-commerce, cloud computing, and location-based services. This article addresses the forthcoming Data Protection Regulation as well as the current state of data protection law in the EU, with a particular focus on Germany. The first part of the article examines Germany's robust data protection framework and the EU's existing authority. The article then raises key issues related to data protection in Germany and the EU—namely, discrepancies in data protection standards and enforcement among EU Member States—as illustrated by recent, high profile cases involving household names like Facebook, Apple, Google, and Amazon. Through this analysis, the article attempts to explain how and why companies doing business in Germany, but established in other EU Member States, are subject to less stringent data protection standards than German companies. Lastly, the article synthesizes the issues in debate with regard to the draft Data Protection Regulation and offers perspectives on what the Regulation could and should mean for data protection in the EU.

scholarly journals Germany and the European Union After the Epoch of Chancellor Angela Merkel

2021 ◽  
Vol 65 (9) ◽  
pp. 43-55
Author(s):  
V. Vasil'ev
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Focal Point ◽  
Technological Development ◽  
World Order ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
Angela Merkel ◽  
The Russian Federation ◽  
The Eu

The article is devoted to the analysis of the political legacy of German Chancellor Angela Merkel and in what way the new German government might possibly use it dealing with the transformation of the country and modernization of the European Union. The new political coalition with possible participation of the Green Party will preserve the continuity of the German foreign policy course for strengthening the European Union, deepening the transatlantic partnership, for active cooperation between Berlin and Paris, as well as for inclusion of Belarus, Moldova and Ukraine into the Euro-Atlantic area. The European sovereignty is the main focal point in Berlin. The Conference on the Future of Europe examines it, as well as other evolution issues. The updated legal framework of the EU, feasible strengthening of the European Parliament positions could help transform the European Union into a weighty actor in the polycentric world. Only powerful, relatively sovereign EU is able to secure the “European way of life”. Judgments about the disintegration of the European Union are far from reality. The EU margin of safety and resistance are quite impressive, primarily due to the economic potential of Germany. However, it is really difficult to predict how the European Union will get out of the crisis caused by Covid 19. American concessions to the Germans on the Nord Stream 2 project mean Biden’s serious attitude towards Merkel and Germany – the leader in the EU and one of the important NATO allies. The conditions for Russia’s return to the “European club”, for example, through the revival of M. Gorbachev’s new political thinking in Moscow, indicate rather an illusory desire. There is another, more pragmatic approach. The single European cultural and historical matrix of Greater Europe, communication between the leaders of the Russian Federation, Germany, France and the USA, the economic foundation of contacts, as well as mutual sympathies between Russians, Germans, Europeans give reason to hope for a turn for the better. The chances of a unification agenda remain. Perhaps, it will be used by future generations of politicians, experts of the Russian Federation and the Federal Republic of Germany without preconditions, on the basis of reasonable compromises. Acknowledgements. The article was prepared within the project “Post-Crisis World Order: Challenges and Technologies, Competition and Cooperation” supported by the grant from Ministry of Science and Higher Education of the Russian Federation program for research projects in priority areas of scientific and technological development (Agreement 075-15-2020-783).

Germany in the Integration and Transatlantic Processes

2021 ◽  
Keyword(s):  
European Union ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
University Professors ◽  
German Expert ◽  
Strategic Autonomy ◽  
Expert Community ◽  
Policy Problems ◽  
The Eu

The monograph is dedicated to a comprehensive study of the development trends of the European Union and NATO, with particular emphasis on the policy and role of Germany. The evolution of the attitudes of the main political parties, the approaches of the German expert community to main foreign policy problems and initiatives to modernize the European Union in the context of protracted crises, new threats and challenges is analyzed. The peculiarities of Berlin`s course towards strengthening the unity of the EU, in tandem with Paris, advocating the strengthening the European sovereignty not only in foreign and defense policy, but also in the spheres of healthcare, climate, ecology, high technologies, are considered. At the same time, both allies see strategic autonomy as strengthening NATO`s European pillar and building a transatlantic partnership based on a more equal basis. The factors determining the policy of Berlin towards the countries of Central and Eastern Europe and the post-Soviet space are studied. The dynamics and content of relations between the Federal Republic of Germany and the EU with the Russian Federation have been investigated, which makes it possible to make predictions about the possibilities of building the potential of their cooperation, restore dialogue based on mutual interests, and make appropriate recommendations. The publication is intended for Russian politicians and the expert community, university professors and graduate students, as well as for the general public.

Merkel's Germany and the European Union: Between Emergency and the Rule of Rules

2019 ◽  
Vol 56 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Stefan Auer
Keyword(s):  
European Union ◽  
Hannah Arendt ◽  
Max Weber ◽  
Carl Schmitt ◽  
The Political ◽  
The European Union ◽  
Eurozone Crisis ◽  
Political Sphere ◽  
The Eu

AbstractThe European Union is caught between technocracy and the politics of the exception, eroding in the process the very political sphere that makes democracy work. Partly a cause of this erosion and partly an effect, the EU retreats into the ‘rule of rules’ when faced with what are, in fact, profoundly political problems. Whether it be in response to the eurozone crisis, EU–Russia–Ukraine relations or the influx of refugees, the EU's policies led to conflicts over geopolitics, sovereignty and redistribution. Its apolitical responses were as ubiquitous as they were inadequate. They reflect Germany's preference for consensual politics, which is paradoxically enforced by Angela Merkel's dictum about there being ‘no alternative’. In order to think of alternatives to the Europe that exists, we need to revive ‘the political’, theorized by the likes of Carl Schmitt, Max Weber and Hannah Arendt at times when democracy was under duress.

The Oxford Handbook of Modern German History

2012 ◽  
Keyword(s):  
European Union ◽  
Federal Republic ◽  
Literary History ◽  
Historical Context ◽  
German History ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
German Politics ◽  
Starting Point ◽  
History Of

The Oxford Handbook of Modern German History is a multi-author survey of German history that features syntheses of major topics by an international team of scholars. Emphasizing demographic, economic, and political history, this text places German history in a denser transnational context than any other general history of Germany. It underscores the centrality of war to the unfolding of German history, and shows how it dramatically affected the development of German nationalism and the structure of German politics. It also reaches out to scholars and students beyond the field of history with detailed chapters on religious history and on literary history, as well as to contemporary observers, with reflections on Germany and the European Union, and on ‘multi-cultural Germany’. Covering the period from around 1760 to the present, this book represents a synthesis based on current scholarship. It constitutes the starting point for anyone trying to understand the complexities of German history as well as the state of scholarly reflection on Germany's dramatic, often destructive, integration into the community of modern nations. As it brings this story to the present, it also places the current post-unification Federal Republic of Germany into a multifaceted historical context.

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