Die Privilegierung von Konzernen gemäß § 1 Abs. 3 Nr. 2 AÜG

2020 ◽  
Author(s):  
Frauke Sturm
Keyword(s):  
Constitutional Law ◽  
European Law ◽  
Cross Border ◽  
German Constitutional Law

The author examines the statutory privilege for group companies in the field of employee leasing (section 1, para. 3 number 2 of the German Employee Leasing Act). In principle, strict regulations apply to such leasing in Germany. However, the aforementioned provision largely exempts group companies from these regulations. The work aims at defining the scope of this highly disputed privilege. Initially, the author shows that the provision complies with both European law and German constitutional law. In addition, she describes the requirements and limits of the rather vague privilege. Therefore, the publication not only targets lawyers advising on employee leasing matters, but also representatives of group legal and personnel departments dealing with questions of intragroup and cross-border employee deployment in their daily business. The author has been practicing as attorney since 2011 and has mainly focused on employment-related matters, including employee leasing.

Der Ausschluss verfassungsfeindlicher Parteien von der staatlichen Parteienfinanzierung nach Art. 21 Abs. 3 GG

2021 ◽  
Author(s):  
Malaika Jores
Keyword(s):  
Political Parties ◽  
Constitutional Law ◽  
European Law ◽  
Legal Analysis ◽  
State Party ◽  
Political Opportunities ◽  
Basic Law ◽  
The Right ◽  
Party Funding ◽  
German Constitutional Law

Since 2017, Germany’s Basic Law has allowed anti-constitutional parties to be excluded from state party funding. Such exclusion from funding is at odds with the right to equal political opportunities, which derives from the principle of democracy. This thesis examines whether such exclusion from funding is permissible under German constitutional law. In particular, it takes account of the principle of democracy—guaranteed by the ‘eternity clause’—and the concept of ‘militant democracy’. The thesis also considers the issue in question from a European law perspective and, in addition to conducting a legal analysis, examines whether distorting the competition among political parties is justifiable with respect to democratic theory.

scholarly journals Los procesos secesionistas y el derecho europeo

2016 ◽  
pp. 347
Author(s):  
Javier Tajadura Tejada
Keyword(s):  
European Union ◽  
Member State ◽  
Legal System ◽  
Constitutional Law ◽  
The Political ◽  
European Law ◽  
The European Union ◽  
European Citizenship ◽  
Regional Authorities

Este artículo analiza en primer lugar el significado de la secesión en el Derecho Internacional y en el Derecho Constitucional. Asimismo, examina cómo se aborda el fenómeno de la secesión en el Derecho comunitario europeo. Esto obliga a estudiar dos tipos de problemas: por un lado, el de la secesión de un Estado miembro respecto de la propia Unión; por otro, el de la fragmentación de un Estado miembro por la secesión de una parte de su territorio. La conclusión es que la conservación o fragmentación de un Estado miembro de la Unión Europea no es un asunto interno: la secesión de partes de un territorio afecta al sistema político europeo en su conjunto, en la medida en que es una forma de integración federal donde no caben actos unilaterales que quebranten el principio de lealtad federal de la Unión y la ciudadanía europea que ha ido conformándose en las últimas décadas.This article analyzes the meaning of secession in international and constitutional law. It also examines the phenomenon of secession in European law. This requires studying two types of problems: the secession of a member state of the European Union and the fragmentation of a Member State for the secession of part of its territory. The conclusion is that conservation or fragmentation of a Member State of the European Union is not an internal matter. In our opinión, the political and legal system of the Union can be characterized also federally, which prevents the national and regional authorities to carry out unilateral acts that go against the principle of Community federal loyalty and European citizenship.

scholarly journals The Mediation Committee of the Bundestag and Bundesrat: A Special Institution of German Constitutional Law

2016 ◽  
Vol 44 (1) ◽  
pp. 35-42
Author(s):  
Claus Koggel
Keyword(s):  
Constitutional Law ◽  
Political Power ◽  
Case Law ◽  
Legislative Process ◽  
Constitutional Court ◽  
Current Case ◽  
Basic Law ◽  
Federal Constitutional ◽  
Legislative Procedure ◽  
German Constitutional Law

AbstractThe Mediation Committee of the Bundestag and Bundesrat – is it “one of the most felicitous innovations in our constitutional activities”, “the most positive institution in the entire Basic Law” or, as some critics assert “a substitute and superordinate parliament” or indeed the “mysterious darkroom of the legislative process”? This article seeks to provide answers to these questions. It is however clear that the Mediation Committee has become an important instrument for attaining political compromises in Germany's legislative procedure. The Committee's purpose is to find a balance between the differing opinions of the Bundestag and Bundesrat concerning the content of legislation, and, through political mediation and mutual concessions, to find solutions that are acceptable to both sides. Thanks to this approach, the Mediation Committee has helped save countless important pieces of legislation from failure since it was established over 65 years ago, thus making a vital contribution to ensure the legislative process works efficiently. The lecture will address the Mediation Committee's status and role within the German legislative process. It will explain the composition of this body as well as its most important procedural principles also against the backdrop of current case law from the Federal Constitutional Court. Finally, the lecture will consider how particular constellations of political power impact on the Mediation Committee's work.

scholarly journals “OBJEKTFORMEL” – EVENTUAL ACTS OF DAMAGE TO HUMAN DIGNITY

2014 ◽  
Vol 8 (4) ◽  
pp. 19-26
Author(s):  
Izabela Bratiloveanu
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Constitutional Law ◽  
Categorical Imperative ◽  
Constitutional Court ◽  
European Court ◽  
Federal Constitutional ◽  
German Constitutional Law ◽  
First Time

 The Object formula („Objecktformel”) has been designed and developed in the mid century XX by Günter Dürig, starting from the second formula of Kant's categorical imperative. The Federal Constitutional Court of Germany took the formula and applied it for the first time in the case of the telephone conversations of December 15, 1970. The Object formula („Objecktformel”) was taken from the German constitutional law and applied in the jurisprudence of the European Court of Human Rights.

Do National Activation Measures Stand the Test of European Law on the Free Movement of Workers and Jobseekers?

2010 ◽  
Vol 12 (1) ◽  
pp. 81-103
Author(s):  
Herwig Verschueren
Keyword(s):  
Labour Market ◽  
Point Of View ◽  
Free Movement ◽  
European Law ◽  
European Level ◽  
The Third ◽  
Cross Border ◽  
Legal Context ◽  
Free Movement Of Workers ◽  
The Eu

Abstract This article examines the compatibility of national measures taken to stimulate non-active people to enter the labour market (the so-called activation measures) with European law on the free movement of workers and jobseekers. It will first give a short overview of the objectives of the European employment strategy, more specifically with regard to the activation of workers. Subsequently it will sketch the European legal context of the free movement of workers and jobseekers, with special attention for the measures taken at the European level to enable and stimulate labour migration within the EU and thus create a European labour market. In the third part, by way of example, we will have a closer look at a number of activation measures taken in Belgium and examine which problems could arise in cross-border applications from the point of view of European law.

The Treatment of Hate Speech in German Constitutional Law (Part II)

2003 ◽  
Vol 4 (1) ◽  
pp. 23-44 ◽  
Author(s):  
Winfried Brugger
Keyword(s):  
Constitutional Law ◽  
Hate Speech ◽  
Constitutional Court ◽  
Specific Determination ◽  
Federal Constitutional ◽  
German Constitutional Law

As pointed out by the Federal Constitutional Court, a specific determination of the appropriateness of hate speech prohibitions can be based only on the circumstances of individual cases. Some particularly prominent cases are now reviewed.

Comparison, Translation and the Making of a Common European Constitutional Culture

2008 ◽  
Vol 9 (5) ◽  
pp. 547-574 ◽  
Author(s):  
Alberto Vespaziani
Keyword(s):  
European Integration ◽  
Constitutional Law ◽  
Economic Globalization ◽  
The State ◽  
European Law ◽  
Methodological Nationalism ◽  
Constitutional Culture

European integration has forced constitutional law scholars to abandon the perspective of methodological nationalism. Prior to the emergence of the interpretative problems raised by the intersection of domestic and European law, the dominant legal paradigm conceived of “constitution” and “state” as two inseparable terms. With the intensification of European integration and economic globalization, many different constitutionalist interpretations have emerged which all share a belief in the State's loss of centrality, such as post-, supra- and transnational constitutionalism, constitutionalism without the state and multilevel constitutionalism.

German Constitutional Law and Doctrine on State of Emergency – Paradigms and Dilemmas of a Traditional (Continental) Discourse

2006 ◽  
Vol 7 (5) ◽  
pp. 453-477 ◽  
Author(s):  
András Jakab
Keyword(s):  
Constitutional Law ◽  
Current Issue ◽  
German Literature ◽  
Legal Discourse ◽  
The State ◽  
Legal Issues ◽  
State Of Emergency ◽  
The Law ◽  
German Constitutional Law ◽  
Academic Debate

A foreign jurist, on looking into the German literature on constitutional law, will soon and suddenly be struck by a peculiarity of this scholarship: the unusually strong emphasis on a marginal area of constitutional law, namely, the state of emergency. The inquiry is, of course, well-known in other countries, but the passion for, and the theoretical effort expended on, this marginal area is unique to Germany.However, this disinterest on the part of other constitutional lawyers, and the recent decline in interest on Germany's part, could yet change, turning the marginal area into a highly current issue. Combating terrorism raises questions for which the German patterns of argumentation, fine-tuned in the academic debate on the law of state of emergency, may provide a useful framework for discussion. The questions arising in the context of the struggle against terrorism test the limits of positive regulations in extreme situations, leading ultimately to the same underlying dilemma as the law on state of emergency, though with different terminology. In this sense, the constellation of legal issues involved in combating terrorism could be considered as the law on state of emergency “incognito.” However, the various argumentative patterns for law on state of emergency have not yet been directly transferred into the very timely legal discourse on counterterrorism (and no such attempt is made here), but such a transfer of argumentation suggests itself. As such, the topic has a “potential currency,” even if traditional issues of state of emergency themselves no longer count among the most current issues.

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