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Topic: Federal Constitutional Court of Germany

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	Federal Constitutional Court of Germany - Wikipedia, the free encyclopedia
		The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German constitutional document, the Grundgesetz (Basic Law).
		Impeachment cases against the President or a judge, member of one of the Federal Supreme Courts, brought by the Bundestag, the Bundesrat or the federal government, based on violation of constitutional or federal law (Impeachment Procedure).
		The Court's judges are elected by the Bundestag and the Bundesrat.
	en.wikipedia.org /wiki/Federal_Constitutional_Court_of_Germany (1330 words)

	Federal Administrative Court of Germany - Wikipedia, the free encyclopedia
		The Federal Administrative Court (Bundesverwaltungsgericht) is one of the five federal supreme courts of Germany.
		It is the federal court of appeals for generally all cases of administrative law, mainly disputes between citizens and the state.
		However, cases concerning social security law belong to the jurisdiction of the Sozialgerichte (Social Courts) with the Bundessozialgericht as federal court of appeals, and cases of tax and customs law are decided by the Finanzgerichte (Finance Courts), and, ultimately, by the Bundesfinanzhof.
	en.wikipedia.org /wiki/Federal_Administrative_Court_of_Germany (188 words)

	Venice Commission - Commission de Venise
		The competences of the Federal Constitutional Court are not defined in an overall clause that authorises the court to settle constitutional conflicts.
		The submitting court has to explain in detail why it considers the relevant legal provision to be in conflict with the constitution, why the outcome of the case depends on the validity of the law and why there is absolutely no acceptable way of interpreting the law in accordance with the constitution.
		Apart from its role as constitutional court, the Federal Constitutional Court is one of the supreme constitutional bodies of Germany (beside the Federal President, the Bundesrat, the Bundestag and the Federal Government).
	www.venice.coe.int /docs/2002/CDL-JU(2002)035-e.asp (3426 words)

	Jehovah's Witnesses: December 19, 2000 News Release
		Today the Federal Constitutional Court of Germany ruled that a religion may not be denied the status of a corporation under Public Law based on a test of loyalty to the state.
		Final word on the application is still forthcoming, as the Federal Constitutional Court remanded the case to the Berlin Federal Administrative Court for a new decision in harmony with the criteria in the Constitutional Court's ruling.
		The Federal Constitutional Court's opinion emphasized the principles of separation of church and state as well as the equality of all religions.
	www.jw-media.org /region/europe/germany/english/releases/religious_freedom/ger_e001219.htm (323 words)

	EKD: Protestant Church in Germany - - Federal Constitutional Court sanctions asylum laws (Site not responding. Last check: 2007-10-07)
		The court gave its basic approval to the three pillars of the asylum compromise which was reached with great difficulty in 1993: the rejection of asylum-seekers entering Germany from other safe countries, the designation of countries of origin which are "free from persecution" and the processing of asylum-seekers’ applications at airports.
		As far as the rejection of asylum-seekers entering Germany from other safe countries are concerned (so called "Third-Country-Ruling"), the Federal Constitutional Court does not share the view that a refugee can be sent back to the country from which he or she entered without examining the circumstances, blindly so to speak.
		The far-reaching constitutional approval of the compromise on asylum reached in 1993 must not be used as justification for a much stricter application of the rules when it comes to deciding on individual cases.
	www.ekd.de /print.php?file=/bulletin/2242.html (782 words)

	Conference on Constitutional Law
		Written constitutions became a commonplace of political life by the end of the 19th century, but it was not until the Second World War that courts in much of the world began to use those constitutions as mechanisms of judicial empowerment.
		Courts are particularly attentive to legal procedure and, in many legal systems, courts participate actively and officially in lawmaking on the subject of procedure.
		In Hungary, the activist court was defanged when a center-right centralizing government was elected in 1998; the new prime minister took advantage of the fact that nearly all of the judges reached the end of their term at once to put in judges less likely to find objectionable anything that the government did.
	www.aals.org /profdev/constitutional/schepple.html (1226 words)

	[No title]
		CONSTITUTIONAL COURTS IN COMPARISON is a collection of essays on decision-making within two of the world's most powerful and prestigious tribunals, namely, the United States Supreme Court and Germany's Federal Constitutional Court.
		Robert Kagan's essay, "Constitutional Litigation in the United States" (chapter 1), is a lucid account of the impact that the political system and legal culture exert on the range and growth of constitutional adjudication in the Supreme Court.
		In their introductory essay, Rogowski and Gowran ask whether "the U.S. Supreme Court [is] a constitutional court" and whether "we [are] comparing like with like." They point out significant differences in the organization, jurisdiction, staffing, and internal decision-making procedures of the two tribunals, but they might have said more about the significance of these differences.
	www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/rogowski-ralf.htm (1300 words)

	Federal Constitutional Court of Germany - QuickSeek Encyclopedia (Site not responding. Last check: 2007-10-07)
		The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German Constitution, the Grundgesetz (Basic Law).
		The court allows its members as the only court in Germany to release a dissenting vote in public, since internal votes in other courts are confidential.
		A Senate is authorized to release any ruling except dissenting of the jurisdiction practice of the court; such cases have to be brought before the full plenum of all 16 judges.
	federalconstitutionalcourtofgermany.quickseek.com (973 words)

	Background: Federal Constitutional Court \| Germany \| Deutsche Welle \| 20.07.2005
		Germany's high court is the authority on upholding the country's constitution and ensuring it's laws are adhered to.
		As a rule, the court only considers cases that are of serious constitutional importance and have gone through lower courts.
		Normal cases begin when a lower court decides a law is unconstitutional and won't implement it, or when the federal government, a state government or two-thirds of the Bundestag want a law or policy reconsidered.
	www.dw-world.de /popups/popup_printcontent/0,,1652153,00.html (536 words)

	The Supreme Court Historical Society
		While the appointment of a Supreme Court justice is a problem to be solved by the Senate and the President of the United States, this process is in Germany rather difficult.
		The decision of the Supreme Court to reject a case, that is to say, to deny a petition, is simply made by not transferring a case from the conference agenda which includes all petitions, to the 'discuss list" which consists of all cases at least one justice wants to discuss in conference.
		Thus it is throughout possible that he or she could be reluctant in conference if the majority of the court is tending to a point of view which is in opposition to this court member's and his or her assistant's view.
	www.supremecourthistory.org /04_library/subs_volumes/04_c19_m.html (4417 words)

	USRS - Contributions - Presentation by Dr Winfried Hassemer, Vice-President of the Federal Constitutional Court of ... (Site not responding. Last check: 2007-10-07)
		The Federal Constitutional Court was established as a guardian of the Constitution, and could be appealed to by all the state authorities to decide conflicts in the political process.
		Thereby the Court has identified particularly two Integration barriers (Integrationsschranken) and made them the centre of the decisions: firstly there is the question of the effective guarantee of personality fundamental rights against acts of the community institutions,[3] and secondly the question of democratic legitimation of the legislature in the European Union.
		The concrete constitutional complaint was dismissed as inadmissible, as it was aimed directly against a regulation of the Community (BVerfGE, a.a.O. It follows from the decision that for the jurisdiction of the Federal Constitutional Court the formal qualification of an organ which issued a challenged legal act is decisive.
	www.us-rs.si /pcceu/index.php?sv_path=589,626 (3302 words)

	Background: Federal Constitutional Court \| Germany \| Deutsche Welle \| 20.07.2005
		Germany's ruling coalition may have purposely lost a confidence vote to trigger early elections, but the country's president or supreme court could yet kibosh the hopes of both politicians and the public for a new poll.
		Germany's high court on Wednesday paved the way for the introduction of tuition fees at the country's universities.
		Germany’s highest court on Wednesday confirmed the right of a female Muslim teacher to wear a headscarf in the classroom.
	www.dw-world.de /dw/article/0,1564,1652153,00.html (753 words)

	German Law Journal - Germany’s Federal Constitutional Court and the Regulation of GPS surveillance
		The FCC affirmed the Oberlandesgericht (Regional Appellate Court) and the Bundesgerichtshof (Federal Court of Justice) in rejecting the petitioner’s arguments. In upholding the use of GPS technology, the Supreme Court rejected the lower courts’ view that the global positioning system was the functional equivalent of electronic beepers, which Section 100(c)(1)(b) authorized.
		Courts interpret this limitation with an eye on the intrusiveness of the surveillance. The police may use tracking technologies upon a determination that the offense would be more difficult to investigate or the suspect harder to locate without the use of such devices.
		The court does acknowledge that, in extreme cases, the cumulation of surveillance tactics may exceed constitutional limits in the aggregate even when individual modes of intrusion can be justified in isolation.
	www.germanlawjournal.com /article.php?id=678 (2211 words)

	The University of Saarland, Germany (Site not responding. Last check: 2007-10-07)
		The Federal Constitutional Court (Bundesverfassungsgericht, or BVerfG) is Germany's Supreme Court, and its role is essentially "Guardian of the Constitution".
		A case coming before the Court may be heard by one of its two Senates, or for important cases, by the Court in plenary session.
		This is exceptionally available on an abstract basis to a limited group of bodies, but is more normally available on a concrete basis for cases referred by a lower court, where the lower court believes a law to be in breach of the constitution, and this question is central to the case.
	www.jura.uni-sb.de /english/Publications/bverfg.html (495 words)

	Germany2000 (Site not responding. Last check: 2007-10-07)
		In contrast to the decision by the Federal Administrative Court, the Federal Constitutional Court came to the conclusion that the granting of public corporation rights to religious associations must not be made dependent upon special loyalty by these toward the state.
		The Federal Constitutional Court referred the case back to the Federal Administrative Court in order for a renewed decision to be made.
		The court emphasises equality of opportunity for all religious associations by establishing in its judgement that no excessive requirements are to be set for religious associations endeavouring to obtain the public corporation status.
	www.hrwf.net /html/germany2000.html (3949 words)

	Schachtschneider: Europe Should Establish Itself As a Republic Of the Republics--Not As a Super-State
		In my petition to the Federal Constitutional Court, I had argued that through the Maastricht Treaty, Germany's statehood would be so voided of content that Article 38 of the Constitution,[6] a fundamental right, whereby MPs are to represent the entire people, would become, to all intents and purposes, otiose.
		In my petition to the Federal Constitutional Court, I shall prove that the principle of limited conferral has been swept aside, while the prerogatives that have become the subject of conferral are of existential significance for a People, and therefore must not be transferred to a federation of states.
		The Constitutional Treaty states that the declarations on fundamental rights (that under Roman Herzog,[14] in the agreement on basic rights, were taken over from the European Convention on Human Rights and Basic Freedoms, and discussed at length) are as binding as the the Charter of Fundamental Rights of the Union itself.
	www.larouchepub.com /other/interviews/2005/3226schachtschneider.html (8024 words)

	BBC News \| Europe \| Court approves new German spellings
		The proposals provoked protests from parents, teachers and writers for two years, and the court ruling is the culmination of a long legal battle by opponents of the spelling reform.
		The court ruled against the plaintiffs who had argued that the reforms could only be approved by an act of parliament.
		The constitutional court ruling is now expected to end the legal battles and smooth the way for the introduction of the new spellings at the beginning of August.
	news.bbc.co.uk /1/hi/world/europe/132544.stm (360 words)

	German Law Journal - The Constitutional Court's "Traditional Slaughter" Decision: The Muslims' Freedom of Faith and ...
		First, the Court concluded that the appellant had not satisfactorily established her membership in a "religious community." The appellant (a butcher and operator of a Kiosk) identified herself and her clients as Sunni Muslims, which the Federal Administrative Court labeled a "branch of Islam".
		The Court explained that in the specific context of the complainant's case (a butcher whose religious beliefs significantly impact his occupation) this constitutional interest directly touched upon and was therefore enhanced by the complainant's constitutional right to freedom of religion.
		First, the Court distinguished the definition of a "religious community" as this phrase is used in the context of the Animal Protection Act from the use of this phrase in the jurisprudence relating to Germany's grant of quasi-public status to some "religious communities" under the terms of Article 140 of the Basic Law.
	www.germanlawjournal.com /print.php?id=128 (4635 words)

	ilib February 15, 2006
		After the Federal Court of Justice struck down that judgment and remanded the case, the Higher Regional Court, on several conditions, halted the execution of the arrest warrant in April 2004 and released El Motassadeq from custody.
		The Federal Constitutional Court held that the reinstatement of the arrest warrant did not stand legal examination under the German Constitution, as it violated the accused’s right to liberty and due process.
		The Court stipulated that the reinstatement of the arrest warrant during a pending appeal was not permissible, because the sentence pronounced by the Higher Regional Court in August 2005 did not significantly deviate from the expectation of the sentence at the time the warrant was suspended.
	www.asil.org /ilib/2006/02/ilib060215.htm (1736 words)

	The Constitutional future of EUROPE: A Transatlantic Dialogue
		Her main fields of research and publication are the constitutional problems of the European system; the relationship between the Italian legal system and the European Union; human rights; and the judicial review of the Italian Constitutional court.
		She was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1980.
		Judge Onida was born in 1936, lives in Milan and is a lawyer and a Professor of Constitutional, Public and Regional Law as well as Constitutional Adjudication in the Universities of Verona, Sassari, Pavia, Bologna and Milan from 1966 until 1996.
	www.jeanmonnetprogram.org /conference_lapietra/partipants.html (3762 words)

	CoCo: German Constitutional Court: Private Copying Unlikely a Right
		The Court did not see such a serious disadvantage in the copy protection mechanisms for the consumer, that it should give a decision before the consumer had followed a normal civil procedure against the manufacturer.
		Although the Court's consideration is vague, it's an indicator of what has been said often: there is little indication that there is something like a private copying right, or that it will be granted against copy protection measures.
		Interestingly, a French court took a different stand last April: reversing an earlier decison, which denied that private copying was a right, it prohibited the use of copy protection measures on DVDs, since they were considered to be incompatible with private use.
	constitutionalcode.blogspot.com /2005/09/german-constitutional-court-private.html (360 words)

	German High Court Has More Power Over Legislature, Grimm Says
		The Supreme Court found that because the purpose of the First Amendment is to create an educated public that can conduct its own affairs, the rights of the viewers and listeners are paramount to the rights of the broadcasters.
		In contrast, although Germany did not have a revolution during the same period, the monarchs of many German states granted the enactment of constitutions with bills of rights to “attempt self-preservation of the dynasty.” The old feudal laws remained in place and could not be overridden by the new constitutions.
		The court determined that fundamental rights are both subjective rights against government intrusion and “objective values.” Values that society finds extremely important “are entrenched in the constitution” and are not limited to public law.
	www.law.virginia.edu /home2002/html/news/2006_spr/grimm.htm (1044 words)

	Impact of the Federal Constitutional Court's Decision on the German Betting Market
		Even though the Federal Constitutional Court based its decision in the case under consideration on the betting products offered in Bavaria, its opinion can also be applied to other federal states and is also relevant to other products offered by the state-run providers (e.g., lottery, keno).
		Now the Federal Constitutional Court has joined the highest courts of other European countries (e.g., the Netherlands, Italy) in finding that the state demonstrates an excessive fiscal interest in betting, and the court has therefore called upon the state to return as soon as possible to the original focus on channeling gambling.
		Perhaps the Federal Constitutional Court was not quite sure what its precise wording implied, but licenses issued by the former GDR are not "organized by the Free State of Bavaria" and can thus also be prohibited.
	www.casinocitytimes.com /news/article.cfm?contentID=157470 (1960 words)

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