„… decision of 24 July 1958 – 16 VII H 9642) and of the Local Court of Bensberg (referral decision of 13 …” „… (Vormundschaftsgericht) may entrust the decision on an individual matter or on matters of a certain kind to the mother if …” „… take the mother’s opinion into consideration when making his decisions, the guardianship court may …”

BVerfGE 23, 258 Order of the First Senate of 7 May 1968 – 1 BvR 133/67 “Duty to promote families case” Decision on the duty of the state to promote families S. 45-50

„… residence (see Decisions of the Federal Constitutional Court (Entscheidungen des Bundesverfassungsgerichts …”

BVerfGE 61, 358 Judgment of the First Senate of 3 November 1982 – 1 BvL 25, 38, 40/80, 12/81 “Joint custody case” Decision regarding the exclusion of the joint custody of divorced parents S. 203-219

„… opinion has also continued in the literature and in the case-law after the unambiguous decision on the …” „… this, the father’s contact with his children and his wife was not discontinued. Decisions in matters …” „… custody of both children to be assigned to them jointly. They had claimed as grounds that all decisions …”

BVerfGE 6, 55 Order of the First Senate of 17 January 1957 – 1 BvL 4/54 “Taxation of households case” Article 6.1 of the Basic Law is a fundamental provision (binding value decision) and currently binding constitutional law S. 1-19

„… pre-constitutional law within the meaning of the decision of 24 February 1953 (Decisions of the Federal …” „… decision. By order of 21 December 1953 – FG II 293/53 – the presiding judge of the Second Chamber at the …” „… Munich Finance Court stayed the proceedings … until a decision had been passed by the Federal …”

BVerfGE 121, 69 Judgment of the First Senate of 1 April 2008 – 1 BvR 1620/04 “Parental duty of contact case” Decision regarding the compulsory enforcement of an adjudged duty of contact pursuant to § 1684.1 of the Civil Code S. 804-825

„… German Constitution and its Court: Landmark decisions of the Federal Constitutional Court of Germany in …” „… decision. 3. The Land Brandenburg is ordered to reimburse the complainant his necessary expenses in the …” „… the right of contact or the enforcement of earlier decisions on the right of contact to the extent the …”

BVerfGE 57, 170 Order of the Second Senate of 5 February 1981 – 2 BvR 646/80 “Pre-trial detention II case (correspondence by letter)” Decision regarding the monitoring of letters during pre-trial detention; written correspondence between adult children and their parents S. 166-190

„… (correspondence by letter)” HEADNOTE: Decision regarding the monitoring of letters during pre-trial detention …” „… restrictions on pre-trial detainees’ freedoms derived from fundamental rights (Decisions of the Federal …” „… . This decision was passed by five votes to three. Justices: Rinck, Wand, Hirsch, Dr. Rottmann, Dr. Dr …”

BVerfGE 106, 166 Order of the First Senate of 29 October 2002 – 1 BvL 16, 17/95, 16/97 “Case involving the advantage acquired through additional counted children” Decision regarding the equal treatment of different forms of family under the law on child benefit S. 577-590

„… acquired through additional counted children” HEADNOTE: Decision regarding the equal treatment of different …” „… the delimitation of the favoured groups of individuals (see Decisions of the Federal Constitutional …” „… result of the Federal Constitutional Court’s decision, the legislature, through Article 4 of the Act for …”

BVerfGE 96, 56 Order of the First Senate of 6 May 1997 – 1 BvR 409/90 “Case concerning information about father’s identity” Decision regarding the obligation of a mother to provide information to her adult illegitimate child about the identity of the biological father S. 364-371

„… . 2. In the decision being challenged, in accordance with the plaintiff’s auxiliary request, the …” „… Court. … 2. The plaintiff in the original proceedings defends the challenged decision. B. The admissible …” „… closer personal sphere and preservation of its fundamental terms (see Decisions of the Federal …”

BVerfGK 5, 161 Order of the First Chamber of the First Senate of 5 April 2005 – 1 BvR 1664/04 “Görgülü III case” Binding effect of a decision of the European Court of Human Rights – constitutional requirements placed on the removal of a child from its foster family S. 724-731

„… admitted for decision. 3. The Land (state) Saxony-Anhalt is ordered to reimburse the complainant his …” „… a decision on custody of the Naumburg Higher Regional Court. 1. The child, who was born in August …” „… established by judicial decision. After the Local Court had awarded the complainant a right of contact and had …”

BVerfGE 117, 202 Judgment of the First Senate of 13 February 2007 – 1 BvR 421/05 “Secret paternity test case” Decision regarding the right of the legal father to know that his child is biologically his and the obligation of the legislature to make available a suitable procedure S. 759-778

„… personality in its manifestation as the right to informational self-determination, for the decision to …” „… parentage also included the right not to know it. The Higher Regional Court’s decision stood up to an appeal …” „… as to paternity, the decision of the Federal Court of Justice is not in keeping with the case-law of …”

BVerfGE 108, 82 Order of the First Senate of 9 April 2003 – 1 BvR 1493/96, 1724/01 “Biological father case” Decision regarding the legal position of the (putative) natural, but not legal, father and the constitutionality of §§ 1600 and 1685 of the Civil Code and § 1711 of the Civil Code old S. 642-668

„… child’s best interests. 3. Decision regarding the constitutionality of §§ 1600 and 1685 of the Civil Code …” „… the extent that the decision depends on the constitutionality of § 1685 of the Civil Code. 3. The …” „… to the extent that the decision depends on the constitutionality of § 1600 of the Civil Code. 3. The …”

BVerfGK 4, 339 Order of the Third Chamber of the First Senate of 28 December 2004 – 1 BvR 2790/04 “Görgülü II case” Arbitrary review of an unappealable arrangement for access – binding effect of a decision of the European Court of Human Rights – weighing of consequences with regard to contact in the form of access S. 714-723

„… decision of the Naumburg Higher Regional Court (Order of 20 December 2004 – 14 WF 234/04) excluding the …” „… access of the complainant to his son is suspended until the decision on the constitutional complaint. The …” „… decision on access of Wittenberg Local Court of 2 December 2004 – 5 F 463/02 UG – applies, subject to the …”

BVerfGE 111, 307 Order of the Second Senate of 14 October 2004 – 2 BvR 1481/04 “Görgülü I case” Obligation to take into account the European Convention on Human Rights and the decisions of the European Court of Human Rights, and the limits of such obligation, in the context of the principle that the judge is bound by statute and law (Article 20.3 of the Basic Law) S. 694-713

„… and Fundamental Freedoms and the decisions of the European Court of Human Rights (ECHR) as part of a …” „… methodologically justifiable interpretation of the law. Both a failure to consider a decision of the ECHR and the …” „… “enforcement” of such a decision in a schematic way, in violation of priorranking law, may violate fundamental …”

BVerfGE 127, 132 Order of the First Senate of 21 July 2010 – 1 BvR 420/09 “Case regarding custody rights of fathers of children born out of wedlock” Decision regarding the parental right of the father of a child born out of wedlock; incompatibility of § 1626a.1 no. 1 and § 1672.1 of the Civil Code with Article 6.2 of the Basic Law S. 826-851

„… Parent and Child entered into force on 1 July 1998 (Decisions of the Federal Constitutional Court …” „… parents agree and also by court decision (Finland: §§ 9, 10 of the Finnish Child Custody and Right of …” „… the Federal Constitutional Court, pursuant to the Act for the Implementation of Family-Law Decisions …”

BVerfGE 72, 122 Order of the First Senate of 18 June 1986 – 1 BvR 857/85 “Withdrawal of custody rights case” Safeguarding the status of children as holders of fundamental rights in the proceedings (supplementary curator) S. 231-244

„… ” HEADNOTE: Decision regarding the representation of minors in constitutional complaint proceedings where the …” „… constitutional complaint concerns orders which reversed a decision of the Local Court in the temporary injunction …” „… countered in another way (§ 1666.1 sentence 1, § 1666a.1 of the Civil Code; see Decisions of the Federal …”

BVerfGE 60, 79 Order of the First Senate of 17 February 1982 – 1 BvR 188/80 “Case concerning the separation of a child from its family” Separation of a child from its family even where the parents fail without being at fault as the strongest encroachment on parental rights, only if principle of proportionality is strictly observed S. 191-202

„… . of Mr. H. authorised representative: …, lawyer – against the decision of the Higher Regional Court …” „… (Oberlandesgericht – OLG) of Frankfurt am Main of 15 January 1980 – 20 W 565/79 –. RULING: The decision of the Higher …” „… conjunction with Article 6.3 of the Basic Law (Grundgesetz – GG). The decision is reversed. The case is …”

BVerfGE 31, 58 Order of the First Senate of 4 May 1971 – 1 BvR 636/68 “Spaniard case” Validity of fundamental rights (here: Article 6.1 of the Basic Law) for German international private law; freedom of marriage (act of marriage between a Spanish man and a German woman divorced by a German court) S. 100-121

„… provisions of the Basic Law. 3. In the further grounds for its decision the Higher Regional Court also made …” „… in two orders of 12 February 1964 (Decisions of the Federal Court of Justice in Civil Matters …” „… )). The case adjudicated by the first-mentioned decision of the Federal Court of Justice corresponded to …”

Titelei/Inhaltsverzeichnis

„… Decisions of the Bundesverfassungsgericht – Federal Constitutional Court – Federal Republic …” „… of Germany Volume 5: Family-Related Decisions 1957-2010 Nomos The original decisions in this volume …” „… BUT_Bundesverfassungsg_6851-9.indd 2 25.09.13 08:30 Nomos Verlagsgesellschaft Baden-Baden Decisions of the …”

BVerfGE 22, 93 Order of the First Senate of 7 June 1967 – 1 BvR 76/62 “Maintenance I case” Taking Article 6.1 of the Basic Law into account in determining the maintenance of spouses living apart S. 40-44

„… complainant. In the statement of reasons for its decision, the Regional Court stated in essence that although …” „… Civil Code (Bürgerliches Gesetzbuch – BGB) in this decision is particularly likely to facilitate the …” „… this is even the case if she does not have children to take care of (see Decisions of the Federal …”

BVerfGE 79, 51 Order of the First Senate of 12 October 1988 – 1 BvR 818/88 “Foster parents case” Removal of a child from its foster family S. 287-300

„… (further development of a previous decision, Decisions of the Federal Constitutional Court (Entscheidungen …” „… constitutional complaint is the court decisions according to which the complainants in 1) and 2) – foster parents …” „… complaint against the contested decisions the complainants in 1) and 2) complain of a violation of Article …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… decisions of state authorities on alien matters, specifically, spouses joining aliens living in the Federal …” „… these measures. The complainants filed an objection to these actions, which was rejected by a decision …” „… decision on the merits with regard to their constitutional complaint. 2. Constitutional complaint 2 BvR …”

BVerfGE 51, 386 Order of the First Senate of 18 July 1979 – 1 BvR 650/77 “Expulsion case” Expulsion of a foreign national convicted of a criminal offence who is married to a German woman and has a legitimate child with her S. 127-137

„… prevention only if the criminal offence is particularly serious. 2. When a decision on the expulsion of such …” „… the decision, however, the court pointed out that before the expulsion order, as a discretionary …” „… decision, is issued, the criminal records are, in principle, to be obtained. Only because it could be …”

BVerfGE 107, 104 Judgment of the Second Senate of 16 January 2003 – 2 BvR 716/01 “Parental involvement in proceedings under the Juvenile Court Act case” Exclusion of a father with parental rights from proceedings before a juvenile court which involve his son (§ 51.2 of the Juvenile Court Act) S. 591-610

„… . 1. Initially, the constitutional complaint of the complainant was directed against the decisions of …” „… the Local Court of 29 June 2000 and 11 January 2001 as well as against the decision of the Regional …” „… judgment of the Heidelberg Local Court and the decision of the Higher Regional Court which had dismissed …”

BVerfGE 93, 373 Order of the Second Senate of 16 January 1996 – 2 BvL 4/95 “Case involving a divorced couple’s simultaneous membership of a municipal council” Simultaneous membership of former spouses of the municipal council of a municipality with not more than 20,000 inhabitants S. 355-363

„… voluntary basis may not advise on nor participate in decisions on matters which directly affect them or the …” „… decision the question of whether § 29.2 sentence 1 in conjunction with § 18.1 no. 1 of the Municipal Code …” „… decision is essential for deciding this case. The plaintiff, who had received fewer votes than her divorced …”

BVerfGE 84, 168 Order of the First Senate of 7 May 1991 – 1 BvL 32/88 “Case regarding custody rights for children born out of wedlock” Joint parental custody for children born out of wedlock S. 320-335

„… (Bundesverfassungsgericht) for a decision regarding whether § 1738.1 of the Civil Code was unconstitutional, arguing as …” „… follows: a) The decision concerning the application for the declaration of legitimacy was dependent on the …” „… necessary to provide for the possibility, in the child’s best interests, of a decision to be made in favour …”

BVerfGE 105, 1 Order of the First Senate of 5 February 2002 – 1 BvR 105, 559/95, 457/96 “Post-marital maintenance case” Equivalence of family work and gainful employment in the assessment of post-marital maintenance S. 530-540

„… case” HEADNOTE: Decision regarding the equivalence of family work and gainful employment in the …” „… (Decisions of the Federal Court of Justice in Civil Matters (Entscheidungen des Bundesgerichtshofes in …” „… decision of the Higher Regional Court, the complainants complain in particular of the violation of Article …”

BVerfGE 101, 361 Judgment of the First Senate of 15 December 1999 – 1 BvR 653/96 “Caroline of Monaco II case” Publication of photographs from the daily and private life of prominent persons – Caroline of Monaco S. 450-474

„… functions. II. The complainant claims that the collective decisions of the civil courts constituted, to the …” „… complainant, the challenged decisions, in applying ordinary statutory (as opposed to constitutional) law to …” „… the complainant as an “absolute person of contemporary history” the decisions, according to the …”

Appendix The Basic Law for the Federal Republic of Germany S. 852-936

„… . Details shall be regulated by a law, which shall not interfere with the freedom to make a decision in …” „… decision shall subsequently be obtained without delay. (5) If technical means are contemplated solely for …” „… judge; when time is of the essence, a judicial decision shall subsequently be obtained without delay. (6 …”

BVerfGE 115, 259 Order of the First Senate of 28 March 2006 – 1 BvL 10/01 “Maternity protection period case” Incompatibility with Article 6.4 of the Basic Law of the employment promotion law in force between 1998 and 2002, according to which periods in which mothers interrupted employment requiring the payment of social security contributions because of the prohibitions under maternity protection law were not taken into account in the calculation of the qualifying period for receiving unemployment benefit S. 747-758

„… non-appealable administrative or judicial decision and in which the grant of unemployment benefit depends on …” „… protection under Article 6.4 of 748 the Basic Law (see Decisions of the Federal Constitutional Court …” „… permits (see Decisions of the Federal Labour Court (Entscheidungen des Bundesarbeitsgerichts – BAGE) 102 …”

BVerfGE 113, 88 Judgment of the First Senate of 7 June 2005 – 1 BvR 1508/96 “Parental support case” Constitutional limits where children are required by the social assistance funding agency to pay support for their parents as the result of an assigned right S. 732-746

„… No. 46 BVerfGE 113, 88 of 7 June 2005 – 1 BvR 1508/96 – “Parental support case” HEADNOTE: Decision …” „… constitutional complaint challenges this decision; in it, the complainant submits that her rights under Article …” „… complaint is admissible and is well-founded. The challenged decision of the Regional Court violates the …”

BVerfGE 99, 145 Order of the Second Senate of 29 October 1998 – 2 BvR 1206/98 “Hague Child Abduction Convention case” Hague Child Abduction Convention; accommodation of the best interests of the child in the special case of converse child return applications S. 386-401

„… reason of a judicial or administrative decision, or by reason of an agreement having legal effect under …” „… Article 19 of the Hague Child Abduction Convention, a decision under this Convention concerning the return …” „… protection of its fundamental right under Article 2.1 of the Basic Law (see Decisions of the Federal …”

BVerfGE 28, 324 Order of the First Senate of 27 May 1970 – 1 BvL 22/63, 27/64 “Marriage clause case” Incompatibility of the marriage clauses in the orphans’ pension in social pensions insurance with Article 6.1 of the Basic Law S. 75-99

„… discontinuation of the pension influenced the decision on the continuation of training. In this respect, the …” „… Basic Law at the same time because it was said to inhibit parents’ decision to marry and hence to make …” „… (Bundessozialgericht) in the ruling of 24 February 1960 (Decisions of the Federal Social Court (Entscheidungen des …”

BVerfGE 104, 373 Judgment of the First Senate of 30 January 2002 – 1 BvL 23/96 “Double family names case” Exclusion of double family names S. 515-529

„… : Decision regarding the constitutionality of the exclusion of double family names. Judgment of the First …” „… parents, as birth name according to § 1616 of the Civil Code. 2. By order of 5 March 1991 (Decisions of …” „… parents prior to taking a decision according to § 1616.3 of the Civil Code and to strive to bring about an …”

BVerfGE 80, 81 Order of the Second Senate of 18 April 1989 – 2 BvR 1169/84 “Case concerning the adoption of an adult foreigner” Right of residence of an adult foreigner adopted by a German S. 301-310

„… . In a decision on the residence permit, adult adoption can only be assigned similar significance as …” „… arrangement as it exists according to the decision of the family members; it is immaterial how the relations …” „… those concerned live together on the basis of a voluntary, uninfluenced decision. Denial of the …”

BVerfGE 105, 313 Judgment of the First Senate of 17 July 2002 – 1 BvF 1, 2/01 “Civil Partnerships Act case” Correction of an adopted bill; right of approval of the Bundesrat; compatibility with Articles 6.1, 3.1, 3.3 sentence 1 and 14.1 of the Basic Law S. 541-576

„… latter, the authority to make joint decisions in matters of the child’s everyday life, known as “limited …” „… approval in Article 84.1 of the Basic Law is intended to protect the Constitution’s fundamental decision …” „… was not intended to make a decision on the jurisdiction of a particular authority in civil partnership …”

BVerfGE 24, 119 Order of the First Senate of 29 July 1968 – 1 BvL 20/63, 31/66, 5/67 “Adoption I case” Substitution of parental consent to adoption S. 51-74

„… : 1. The principles developed in Decisions of the Federal Constitutional Court (Entscheidungen des …” „… Law (see Decisions of the Federal Constitutional Court (Entscheidungen des Bundesverfassungsgerichts …” „… the mother. The Higher Regional Court holds the view that the decision on the further complaint …”

BVerfGE 66, 84 Order of the First Senate of 10 January 1984 – 1 BvL 5/83 “Maintenance priority case” Priority under the law of maintenance for the divorced spouse with care of children S. 220-230

„… on a no-fault basis in line with the new rules of divorce law (for details see Decisions of the …” „… Article 100.1 of the Basic Law for a decision as to whether § 1582.1 sentence 2 of the Civil Code is …” „… question submitted can be confined solely to the facts relevant to the decision in this case (see BVerfGE …”

BVerfGE 99, 216 Order of the Second Senate of 10 November 1998 – 2 BvR 1057, 1226, 980/91 “Equalisation of family burdens case” Exclusion of parents living in marital community from tax deduction of childcare costs as an extraordinary expense resulting from gainful employment and from granting of the household allowance S. 402-419

„… by income tax as a necessary element of the minimum family income (see Decisions of the Federal …” „… independent, autonomous decisions (BVerfGE 61, 319 (347) with further references). Accordingly, parents may …” „… primary responsibility of the parents for decision-making is based on the consideration that the interests …”

BVerfGE 82, 6 Order of the First Senate of 3 April 1990 – 1 BvR 1186/89 “Unmarried civil partner as tenant case” Unmarried civil partner of a deceased tenant as “another family member” within the meaning of § 569a.2 sentence 1 of the Civil Code S. 311-319

„… ” HEADNOTE: Decision regarding the constitutional permissibility of analogous application of the law. Order …” „… Court (Bundesverfassungsgericht) as to its correctness (Decisions of the Federal Constitutional Court …” „… conduct in line with the legal order and act accordingly. If the legislature has enacted a clear decision …”

BVerfGE 99, 246 Order of the Second Senate of 10 November 1998 – 2 BvL 42/93 “Minimum child income case” Minimum child income for the 1987 assessment period to be allowed for in income tax S. 420-431

„… the orders of the Federal Constitutional Court of 29 May 1990 (Decisions of the Federal Constitutional …” „… (Collected Decisions of the Federal Finance Court (Sammlung der Entscheidungen des Bundesfinanzhofs – BFHE …” „… . This decision has been passed unanimously. Justices: Limbach, Kirchhof, Winter, Sommer, Jentsch …”

BVerfGE 109, 256 Judgment of the First Senate of 18 February 2004 – 1 BvR 193/97 “Joint family name case” Unconstitutionality of § 1355.2 of the Civil Code, which prohibits spouses who wish to have a joint family name as their married name the selection of a married name acquired through previous conclusion of marriage S. 681-693

„… (Decisions of the Federal Constitutional Court (Entscheidungen des Bundesverfassungsgerichts – BVerfGE) 84, 9 …” „… a married name. Such an encroachment on the decision of the spouses in selecting a married name is …” „… because it cannot be ruled out that the legislature would take this decision as an occasion to once more …”

BVerfGE 103, 89 Judgment of the First Senate of 6 February 2001 – 1 BvR 12/92 “Marriage covenant case” Judicial review of agreements in a covenant of marriage concluded with a pregnant woman prior to the conclusion of marriage S. 475-490

„… : Decision regarding the judicial review of the content of agreements in a covenant of marriage concluded …” „… decisions, expressed between the parties to the agreement, permit a proper equalisation of interests to be …” „… the agreement. The partners are free in their decision as to whether they wish to enter into marriage …”

BVerfGE 53, 224 Judgment of the First Senate of 28 February 1980 – 1 BvL 136/78, 1 BvR 890/77, 1300, 1440/78, 32/79 “Divorce law case” Dissolution of marriage according to the new law because of breakdown of marriage – also irrefutably presumed after three-year separation –; application to “prior marriages”; hardship clause S. 138-155

„… . Decision regarding the constitutional evaluation of the time limit on the non-economic hardship clause …” „… vorce law (Decisions of the Federal Court of Justice in Civil Matters (Entscheidungen des …” „… , fundamentally indissoluble partnership (see Decisions of the Federal Constitutional Court (Entscheidungen des …”

BVerfGE 87, 1 Judgment of the First Senate of 7 July 1992 – 1 BvL 51/86, 50/87, 1 BvR 873/90, 761/91 “Rubble women case” Allowance of child-raising periods in the statutory pensions insurance of wage-earners and salaried employees (“rubble women”) S. 336-354

„… Constitutional Court (Bundesverfassungsgericht) on widowers’ pensions (Decisions of the Federal Constitutional …” „… equalisation of family burdens, but not the decision on the degree to or manner in which such social …” „… failing to consider the nature and weight of the actual differences. It is free in its decision …”

BVerfGE 97, 332 Order of the First Senate of 10 March 1998 – 1 BvR 178/97 “Graduated kindergarten contributions case” Kindergarten contributions graduated by family income S. 372-385

„… levied a fee for this. No decision has yet been handed down with regard to the objection filed against …” „… Law guarantees the general freedom of action in a comprehensive meaning (see Decisions of the Federal …” „… general decision here. The fee elements are too varied for this. Graduation however can at all events be …”

BVerfGE 103, 242 Judgment of the First Senate of 3 April 2001 – 1 BvR 1629/94 “Long-term care insurance case” Long-term care insurance contributions for childcaring and child-raising members of social longterm care insurance S. 491-514

„… July 1992 (Decisions of the Federal Constitutional Court (Entscheidungen des Bundesverfassungsgerichts …” „… equalisation of family burdens, but not the decision on the degree to or manner in which such social …” „… hence unable to sign. 513 As a result of the Federal Constitutional Court’s decision, the legislature …”

BVerfGE 107, 150 Judgment of the First Senate of 29 January 2003 – 1 BvL 20/99, 1 BvR 933/01 “Case regarding parental custody for children born out of wedlock” § 1626a of the Civil Code is currently compatible with Article 6.2 and 6.5 of the Basic Law, lack of a transitional arrangement for old cases is unconstitutional S. 611-632

„… relevant to the decision on the underlying case. … II. 1. The constitutional complaint of the complainant …” „… pregnancy, the decision of the father as to how to behave towards his child has in many cases not yet been …” „… - Riem, Bryde By Article 1 of the Act for the Implementation of Family-Law Decisions of the Federal …”

BVerfGE 107, 205 Judgment of the First Senate of 12 February 2003 – 1 BvR 624/01 “Family insurance case” The constitutionality of family insurance (§ 10 of the Fifth Book of the Code of Social Law) S. 633-641

„… through the state system (see Decisions of the Federal Constitutional Court (Entscheidungen des …” „… principle to provide compensation for family burdens, but not the decision on the degree to and the manner …”

BVerfGE 99, 300 Order of the Second Senate of 24 November 1998 – 2 BvL 26/91, 5, 6, 7, 8, 9, 10/96, 3, 4, 5, 6/97 “Civil servants’ children case” (state’s obligation to take care of civil servants’ welfare and family) Remuneration of civil servants and judges with more than two children in the period from 1988 to 1996 S. 432-449

„… , law-abiding administration in the interplay of political forces (confirmation of Decisions of the Federal …” „… (Bundesverfassungsgericht) of 30 March 1977 (BVerfGE 44, 249) and of 22 March 1990 (BVerfGE 81, 363). In these decisions …” „… )). As the reason for its decision not to implement the requirements of the Con- 437 stitutional Court …”

BVerfGE 118, 45 Order of the First Senate of 28 February 2007 – 1 BvL 9/04 “Childcare maintenance case” Incompatibility of the different assessment of childcare maintenance because of the care or bringing up of children born in and out of wedlock (§§ 1570 and 1615 l.2 sentence 3 of the Civil Code) with Article 6.5 of the Basic Law S. 779-803

„… rulings of the Local Court and of the Higher Regional Court by order of 4 February 2004 (Chamber Decisions …” „… the possibility on the basis of the statutory decision to give full personal attention to the child at …” „… § 1570 of the Civil Code because the legislature is not to be influenced in its decision as to how it …”

BVerfGE 108, 351 Order of the First Senate of 7 October 2003 – 1 BvR 246/93, 2298/94 “Case relating to the splitting advantage in case of spousal maintenance” Unconstitutionality of the consideration of fiscal advantages from a new marriage of a person obliged to provide maintenance in the assessment of the maintenance payable to the former spouse S. 669-680

„… advantage in case of spousal maintenance” HEADNOTE: Decision regarding the consideration of fiscal …” „… position has not been directly affected by the impugned rulings (see Decisions of the Federal …”

Index S. 937-956

„… 316 constitutional complaint – authorisation to lodge on behalf of a minor 240 – decision on the …” „… – decisions of 703 · binding effect 700, 706 · taking into account 694, 706 – individual application 697 …”

BVerfGE 42, 95 Order of the Second Senate of 6 April 1976 – 2 BvR 61/76 “Pre-trial detention I case (visiting permission)” Permission for spouses and children of pre-trial detainees to visit outside general visiting days S. 122-126

„… subject to restrictions that are unavoidable (see Decisions of the 124 Federal Constitutional Court …”

doi.org/10.5771/9783845237534

Aviva Burnstock, Tanja Klemm, Tilly Laaser, Karin Leonhard, Wibke Neugebauer, Anna Reden - Kunstgeschichte, Kunsttechnologie und Restaurierung: Neue Perspektiven der Zusammenarbeit - Art History, Conservation and Conservation Science: New Perspectives for Cooperation

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Aviva Burnstock (ed.), Tanja Klemm (ed.), Tilly Laaser (ed.), Karin Leonhard (ed.), Wibke Neugebauer (ed.), Anna Reden (ed.)

Kunstgeschichte, Kunsttechnologie und Restaurierung: Neue Perspektiven der Zusammenarbeit - Art History, Conservation and Conservation Science: New Perspectives for Cooperation

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Results in this title

Conservation Decisions S. 296

„… 296Conservation DecisionsThe fundamental aim of → conservation is the preservation of cultural …” „… temperature, or decisions about the frequency of loans or use of the artwork . Other conservation …” „… be carried out to improve the aesthetic impact of a work of art .Conservation decisions may have a …”

Restaurierungsentscheidungen S. 297-303

„… Decisions298All three contributions in this chapter address in different ways the complexity of this …” „… decision-making process, highlighting decisions that were enhanced by in-terdisciplinary collaboration . They …” „… . The first two case studies address conservation decisions of important paintings, by Peter Paul Rubens …”

Beth Boyce, Heidi Swierenga Einen guten Weg finden: -Kooperation, Macht und Praxis S. 369-403

„… überhaupt ihre Aufgabe, das zu entscheiden?Conservation Decisions370collections . By sharing examples of …” „… making decisions on appropriate methods of conservation treatment, for example, the authors work with …” „… institutional care . The final decisions about care, however, rest with the appropriate Indigenous rights holder …”

Beth Boyce, Heidi Swierenga Finding a Good Way: Collaboration, Power and Practice S. 368

„… quite clear that the power to make decisions about Indigenous cultural heritage rests with Indig-enous …” „… defer to decisions made by the appropriate Indigenous rights holders about the preservation, use …” „… conservator practicing in the care of cultural belongings make decisions when many of these principles are …”

Clare Richardson, Kate Stonor Zum Verständnis des Gemäldes Moses und die eherne Schlange von Peter Paul Rubens: Vergangene und gegenwärtige Kooperationen S. 305-337

„… Abteilung genutzt werden konnten .Conservation Decisions306amongst the painted cast of characters . In The …” „… years since Isepp’s restoration, but it could also be a more intentional decision on Isepp’s part …” „… Berliner Kaiser-Friedrich-Museums von 1929 bis 1933 .4Conservation Decisions308his restorer both in Vienna …”

Christoph Herm, Christoph Schölzel Prozesse der Zusammenarbeit S. 339-367

„… die Fragestellungen vielfältig sein: „Das Conservation Decisions340itself, however, constitutes, as a …” „… Mikroskopie Conservation Decisions342for which the Gemäldegalerie Dresden was also happy to cooperate with the …” „… ), und Arthur Wheelock Jr . aus Washington diese bemerkenswerten Conservation Decisions344originality …”

Object Histories S. 152

„… . Conservation decisions are at the same time process-es of reception (see also the introduction to Conservation …” „… Decisions), in the basic sense already formulated by Cesare Brandi in his Theory of Restoration in 1963 …”

Titelei/Inhaltsverzeichnis S. 1-7

„… do they raise, and how do they make conservation decisions?This bilingual manual presents, in English …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257III – Conservation DecisionsShort Introduction …”

Carolin Bohlmann Ein unverfügtes Puzzle, oder: eine Frage der Dokumentation S. 187-219

„… for contemporary con-servation constitute the foundation of all decision-making processes and actions …” „… Schneemann herself . Thus, individual decisions had to be made for each specific measure: Were conservators …” „… expertise plays a very central role in the decision-making process here . This is because each …”

Glossar/Glossary S. 550-612

„… deci-sion for a surface cleaning or varnish removal should therefore always be decided individually, since …” „… decisions .4 The cross-disciplinary field of heritage science aims to establish a sustainable and broad …” „… require an analysis adapted to the specific case . When it comes to decisions regarding the conservation …”

Introduction S. 8

„… decisions? The questions raised above form the foundation of this book, which provides examples of …”

Abbildungsnachweis/Image Credits S. 620-624

„… do they raise, and how do they make conservation decisions?This bilingual manual presents, in English …”

Einführung S. 9-55

„… ”; “Ob-ject Histories”; “Conservation Decisions”; and “Questions of Authentication” . The sections reflect …” „… aesthetics, pro-duction), while conservation decisions may also be informed by the history of an object and …” „… the subject and the wish to reach the widest possible readership contributed to this decision . It was …”

Regina Urbanek Worauf schauen wir? S. 221-255

„… possible consequences of past in-terventions and material change has a profound influence on decisions …” „… . Cordula and its retable were not located in the camera aurea, and that the decision to transfer a retable …”

Philip Mould, Lawrence Hendra The Face Beneath: Kollaborative Arbeit im Kunstmarkt S. 443-481

„… associations led to the decision to us to act on our instincts and the portrait was acquired for just under …” „… canvas . The decision was fortuitous . Removal of the lining canvas revealed, on the reverse of the …”

Mareike Gerken, Stephan Knobloch, Jochen Sander Bildgenese und Maltechnik von Jan van Eycks Lucca-Madonna S. 67-93

„… creating the paint-ing, along with the associated artistic decision-making . Deciphering the creative …”

Rebecca Chipkin, Helen Kohn Die Wiederentdeckung des verschollenen Gemäldes Atlantic City – Ein Paradebeispiel interdisziplinärer Zusammenarbeit S. 159-185

„… terms at the time might also have aided his decision . Although, purely personal reasons seem less …”

Anupam Sah Das Orissan Murals Revival Project – Erhalt von Kulturerbe als Hebel für Entwicklung S. 257-295

„… project site was a conscious decision informed by a number of factors . It was a site strategically …”

doi.org/10.5771/9783496030829

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George A. Goens

Decisions

2022

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Decisions S. 1-14

Decisions S. 71-78

Character and Decisions S. 47-56

Crisis and Decisions S. 65-70

doi.org/10.5771/9781475863697

Bruce M. Lawlor - When Deadly Force Is Involved

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Bruce M. Lawlor

When Deadly Force Is Involved

2017

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15 Decisions S. 239-256

„… pants.DECISIONS 241Then she thought of the gun. Maggie had a .38 caliber Smith & Wes-son revolver in her purse …” „… slid to the floor. He sat on the floor, tipped over,DECISIONS 243and fell into the hallway at David’s …” „… think of the Holder shooting?” she asked“Looks like self-defense,” RJ said.DECISIONS 245“Maybe, but …”

10 Castle Doctrine S. 159-174

„… Supreme Court appeared to tire of this nonsenseand revisited its earlier decision about a woman’s duty to …” „… previous decision and said there was no duty to retreat under Florida’sCastle Doctrine. Well, it said it …” „… was overturning its previous decision.Well, it kind of overturned its previous decision. Well, not …”

4 Deadly Threats S. 59-76

„… other peopledon’t get to make the final decision about how serious the threat is. Thelaw gives that job …” „… human decision making,but the difference can be terribly important to the people who must en-dure the …” „… they’ve made a mistake. The legal case-books are full of court decisions condemning police misconduct …”

1 Necessity S. 9-24

„… importantbecause how each one is decided can determine the case’s final outcome,and because reaching decisions …” „… , didn’t prolong it, and didn’t contribute in any wayto the gunman’s decision to start shooting during the …” „… consider-able number will use the minority approach. Either way produces thesame result, a decision about what …”

Introduction S. 1-8

„… . There are simply too many permutations instate court decisions to collect, discuss, and cross-reference …” „… bookexplains the idea of curtilage, and how it is used to make decisions, butdoes not attempt to identify what …” „… decision in the case, providinga pathway for the reader to better understand how specific questionsrelating …”

11 De-escalation S. 175-190

„… , she wasn’t questioning herself. She’s calm, hethought, that’s good, she’s made her decision. He knew …” „… things she thought were important. But when shemade her decision it was final. Once she knew what she …” „… she would reconsider her decision to leave. She said she loved Gina andwanted her to stay. She …”

8 Duty to Retreat S. 127-142

„… gave rise to the written decision, a way forjudges to explain their opinions to a wider audience. Over …” „… time, thesewritten decisions produced a common understanding, a common law, ofhow to handle a …” „… seeking it was tryingto avoid his own death or serious injury played no part in his decision.The king …”

Preface

„… Decisions 239Notes 257Bibliography 265Index 273About the Author 279 …”

13 Reasonable Force S. 207-222

„… herto use deadly force in the present to avoid a deadly threat in the future.The decision in that case …” „… preemptive strikes have no placein the law of self-defense.Notwithstanding repeated judicial decisions to the …”

3 Provocation S. 41-58

„… viola-tion of New York City’s ordinance had nothing to do with the decision offour would-be muggers to rob …” „… someone is killed is usually toxic to the shooter. Juriesunderstand instinctively that decisions …”

Notes S. 257-264

„… (App. DC 1921).7. Gunther v. State, 228 Md. 404, 408; 179 A. 2d 880,882 (1962).15. DECISIONS1. “True …”

14 Threatened S. 223-238

„… affect Gary’s decision to arm himself and then go to a place wherehe knew there was danger? The answer is …”

7 Reasonable Fear S. 111-126

„… decisions must be made in a splitsecond, and human beings, in fast moving situations, cannot always …”

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