Der aktive Gesellschafterkreis anwaltlicher Berufsausübungsgesellschaften

2021 ◽  
Author(s):  
Ines Holz
Keyword(s):  
Legal Reform ◽  
Law Firms ◽  
Constitutional Court ◽  
Professional Groups ◽  
Reform Project ◽  
Interprofessional Cooperation ◽  
The Future ◽  
Federal Constitutional

After the Federal Constitutional Court (BVerfG) already declared §§ 59a, 59e, 59f BRAO partially unconstitutional in two decisions in 2014 and 2016 – thus giving new momentum to the discussion on interprofessional cooperation that has been going on for decades – the legislator is now ready to act through a major legal reform to correct these provisions, among others. This thesis is devoted to this aspect of the reform project, namely the question of the extent to which the circle of partners in law firms should be opened up to previously excluded professional groups and how to proceed in the future with regard to the structural majorities (still) prescribed by law.

Das Karlsruher PSPP-Urteil – ein Corona-Jahr danach

IG ◽  
2021 ◽  
Vol 44 (3) ◽  
pp. 227-234
Author(s):  
Peter-Christian Müller-Graff
Keyword(s):  
European Union ◽  
European Commission ◽  
Legal Order ◽  
Constitutional Court ◽  
The European Union ◽  
Reference Procedure ◽  
Court Of Justice ◽  
The Future ◽  
Federal Constitutional ◽  
The Impact

This article scrutinizes the impact of the widely criticized PSPP-judgement of the Federal Constitutional Court (FCC) on the Union´s legal order. It shows that the European Commission´s opening of an infringement procedure was inevitable due to the FCC´s disregard of the rules of the preliminary reference procedure, denies the necessity of a modification of the Union´s judicial architecture and develops recommendations for the future loyal cooperation between the FCC and the Court of Justice of the European Union (CJEU) in handling such disputes.

Zur Entwicklung des Polizei- und Ordnungsrechts 2013 - 2019

2020 ◽  
Vol 53 (1) ◽  
pp. 99-118
Author(s):  
Hans-Heinrich Trute
Keyword(s):  
Case Law ◽  
Constitutional Court ◽  
Advantages And Disadvantages ◽  
Technical Developments ◽  
The Future ◽  
Federal Constitutional ◽  
Digital Investigation ◽  
Principle Of Proportionality

The article provides an overview of the development of case law in the field of police law over the last six years. Against the background of selected aspects such as the differentiation of the central dogmatic figure of the concept of danger and, above all, the information based interventions of the police which have been shifted further and further towards an approach of precaution, the article analyses some important decisions of the Federal Constitutional Court and critically examines some aspects of the development as well as some important clarifications. However, it cannot be overlooked that case law continues to give the legislator very detailed specifications within the framework of the principle of proportionality, which can easily end up in a petrifaction of the circumstances, especially against the background of possible technical developments and possibly increasing needs for prevention. A considered look at the advantages and disadvantages of the future use of new digital investigation tools could open up new possibilities for the legislature beyond the existing solutions.

The ESM and the European Court's Predicament inPringle

2013 ◽  
Vol 14 (1) ◽  
pp. 113-139 ◽  
Author(s):  
Vestert Borger
Keyword(s):  
Euro Area ◽  
European Court Of Justice ◽  
Constitutional Court ◽  
Court Of Justice ◽  
European Court ◽  
The Future ◽  
Federal Constitutional ◽  
European Stability Mechanism ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

On 27 November 2012, the European Court of Justice (“the Court”) rendered its judgment in thePringlecase. Sitting as a plenum, which is extremely rare, the Court did what had been expected. Just as theBundesverfassungsgericht(German Federal Constitutional Court orBVerfG) had done two months earlier, it gave the go-ahead for the euro area's permanent emergency instrument, the European Stability Mechanism (“ESM”). With this decision, the possibility of granting assistance to financially distressed euro area Member States has now been secured for the future.

scholarly journals Karlsruhe’s Lochner Moment? A Rational Choice Perspective on the German Federal Constitutional Court’s Relationship to the CJEU After the PSPP Decision

2020 ◽  
Vol 21 (5) ◽  
pp. 995-1005
Author(s):  
Niels Petersen
Keyword(s):  
Rational Choice ◽  
Constitutional Court ◽  
The European Union ◽  
International Courts ◽  
The Third ◽  
The Future ◽  
Federal Constitutional ◽  
The Relationship ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

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 the CJEU in particular. I argue that the relationship between both courts had evolved into a strategic equilibrium in which it was costly not to respect the decision of the other party. The third section then looks for reasons why Karlsruhe nevertheless deviated from this equilibrium despite the significant costs involved. The fourth section, finally, considers the way ahead and analyzes what possible consequences for the future relationship between the Federal Constitutional Court and the CJEU.

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