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Approaches to Procedural Law

Loïc Cadiet (Hrsg.), Burkhard Hess (Hrsg.), Marta Requejo Isidro (Hrsg.)

Reihe: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Band 9 2017

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Aluisio Gonçalves de Castro Mendes III. Some Remarks about Collective Procedural Law and the New Brazilian Civil Procedure Code S. 491-506

„… Some Remarks about Collective Procedural Law and the New Brazilian Civil Procedure Code Aluisio …” „… Judiciary’s Law, in the Civil Procedure Code and also in specific statutes, such as that of consumers’ pro …” „… final answers! (VIII) III. Collective Procedural Law and the New Brazilian Civil Procedure Code 505 …”

Anastasia L. Papadopoulou II. The Impact of the EU Financial Crisis in the Europeanization of the Greek Civil Procedural Law: A Multi-Methodological Insight to the New Greek Civil Procedure Code (2015), its Scope and Innovative Provisions S. 211-248

„… and lawyers.160 Conclusion: Towards the Europeanization of the Greek Civil Procedural Law? Problems …” „… Multi-Methodological Insight to the New Greek Civil Procedure Code (2015), its Scope and Innovative Provisions …” „… is closely connected to the terms “EU financial crisis” and “Europeanization of civil procedural law …”

Valentin Rétornaz II. Beware of Legal Families: The Example of the Effects of Res Judicata Toward Third Parties S. 93-120

„… Turkish, German and Swiss law refuses this expressly.35 30 § 326 of the German Code of Civil Procedure …” „… law, even if no specific pro‐ 2. 48 See art. 346 of the Swiss Code of Civil Procedure and art. 106 to …” „… case law: L. Haller, “Abuse of Process, collateral attack and claims against lawyers”, 34 Civil Justice …”

Christoph A. Kern III. Statistical Methods in Comparative Civil Procedure – Chances and Risks Christoph A. Kern S. 121-144

„… understanding of codes in the hierarchy of norms and the reluctance to accept judgments as a source of law, cod …” „… , Conflict of Laws and International Business Law, and professeur remplaçant, droit privé allemand …” „… ‐ ing, for the French Code civil, that the draftsmen were lawyers and judges of the pre-Revolutionary …”

Juliana Pondé Fonseca The Changing Role of Courts between the Privatization of Adjudication and the Privatization of Procedure S. 145-172

„… ”, 30 Harvard Journal of Law and Public Policy 579 (2007); C. W. Tyler, “Lawmaking in the Shadow of the …” „… their function in regulation and on the development of the law. This reinforces the need for more re …” „… , “Managerial Justice and Mass Misdemeanors”, 66 Stanford Law Review 611 (2014). 7 B. P. Smith, “Plea Bargaining …”

Eduardo de Avelar Lamy II. When Forward-Looking Aspect of Precedent Justifies Immediate Formally Binding Decisions S. 477-490

„… direction. R. Dworkin, Law’s Empire, 229 (1986). 36 P. Nerhot, Law, Writing, Meaning and Essay in legal …” „… precedent for a new one, the cases should be alike in fact and in law. In other words, when attorneys are …” „… and difference is the key step in the legal process.”4 In this context, various common law scholars …”

Index S. 547-552

„… constitutional law and to human rights 442. – constitutional Guarantees of Civil Proce‐ dure 448. – Draft …” „… Verpflichtungsverträge 154. Procedural culture 26, 31, 62. Procedural Law and Global Gover‐ nance 535 ff …” „… Justice and Human Rights) 296, 299, 303, 305, 309, 310, 311, 314, 322, ACtJHR Protocol II (Protocol on …”

Luisa Enna I. The Italian Assisted Negotiation for Legal Separation and Divorce S. 173-210

„… for Legal Separation and Divorce 177 Family Law in the Italian System In the Italian Civil Code …” „… . Practising lawyer and teaching assistant in Private and Civil Law, Università degli Studi di Cagliari. 1 C …” „… National Procedural Law The Italian Assisted Negotiation for Legal Separation and Divorce Luisa …”

Eduardo Oteiza IV. Eduardo J. Couture. Footmarks that Help in Understanding the Present S. 441-450

„… approach that connects procedural law with outstanding constitutional values and the protection of human …” „… the Universidad de la Plata, president of the Ibero- American Institute of Procedural Law (2014) and …” „… Associa‐ tion of Procedural Law (2011-2013) and the Association for Civil Rights (2010-2011). 1 October …”

Fernando Gascón Inchausti I. Comparative Perspectives in Procedural Law: Some Remarks and Proposals S. 13-46

„… comparative studies. Scholarship –especially after Mauro Cappelletti– and law-making expe‐ rience show that …” „… Europe, and Model Laws. But, even within the EU experience of hard law harmonization, we are well aware …” „… of judges, parties and lawyers are understood. This high volatility of written law and of case law …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Procedural Law and the New Brazilian Civil Procedure Code III. 491 Aluisio Gonçalves de Castro Mendes Meeting …” „… Procedural Law 9 Nomos Studies of the Max Planck Institute Luxembourg for International, European and …” „… Perspectives in Procedural Law: Some Remarks and Proposals I. 15 Fernando Gascón Inchausti Comparative Law: A …”

Margaret Woo II. Comparative Law: A Plurality of Methods S. 47-64

„… comparative law. Rather than limited to comparing legislation and codes, comparative law now also include exam …” „… national law in complex ways. And where EU law does not merely replace national laws, a good comparative …” „… looking for single answers and to the perennial com‐ mon law/civil law divide.44 Harmonization and …”

Carlo Vittorio Giabardo I. Mauro Cappelletti’s Methodology in Comparative Civil Justice and the Coercive Powers of Courts as a Case Study S. 65-92

„… troubled relationship between judges and law-makers,15 European legal integration,16 and much besides, are …” „… between doing compara‐ tive law and merely studying foreign laws.25 Stated differently, compara‐ tive law …” „… Procedural Law and Methodology Mauro Cappelletti’s Methodology in Comparative Civil Justice and …”

Francisco Verbic II. Access to Justice of Disadvantaged Groups and Judicial Control of Public Policies through Class Actions in Argentina S. 391-414

„… complexities of modern law, both statutory and case law, and its continuing evolution, non-lawyers are …” „… simplify legal language,42 altering the lawyer's monopoly on the justice system and demystifying the law so …” „… to special protection under the law; (ii) their problems and challenges in accessing justice; (iii …”

Edilson Vitorelli I. Collective Due Process of Law: Reconciling Representation and Participation S. 343-390

„… Collective Redress Collective Due Process of Law: Reconciling Representation and Participation …” „… Participation and Due Process of Law Over the past century, the notion of procedural participation has evolved …” „… ) and Perry v. Sindermann, 408 US. 593 (1972). See also D. Mixon, “Proce‐ dural Law Due Process and the …”

Ana Isabel Blanco García III. Financial Consumer Redress by ADR and ODR. New European Approaches S. 415-440

„… ; Assistant Lecturer, Department of Administrative and Procedural Law, University of Valencia. 415 The paper’s …” „… redress. This deductive method and data collection is followed by a comparative law analysis between the …” „… continental and common-law legal systems, which is also based on a data collection methodology. Indeed, this …”

Leandro J. Giannini III. Supreme Courts: “Filters’’ and the Case Selection. Argentina’s Writ of Certiorari in a Comparative Perspective S. 249-266

„… for de‐ nial (insufficiency and insubstantiality) were already known in the Supreme Court’s case law …” „… . But, as is well known, that is not the case: constitutional law, civil jus‐ tice and civil procedure …” „… and by our Supreme Court practice and case law, those institutions were transplanted into a completely …”

Antal Berkes II. The Court of Justice of the European Union as an Institutional Model for the African Court of Justice and Human Rights S. 295-326

„… and the European model, especially the EC‐ tHR, both at the level of procedural and substantial law.1 …” „… University (Human Rights LLM) and the Université Aix-Marseille III (Master in International Law). He …” „… Rights”, 29(3) Comparative and International Law Jour‐ nal of Southern Africa (1996) 338-359; R. Murray …”

doi.org/10.5771/9783845285122

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Legal Tech

Dariusz Szostek (Hrsg.), Mariusz Załucki (Hrsg.)

2021

Treffer in den folgenden Teilen:

Patryk Ciurak Two Sides of the Same Coin. Possible Interactions Between Text-written Law and Computer Code in the Near Future S. 141-162

„… Two Sides of the Same Coin. Possible Interactions Between Text-written Law and Computer Code in the …” „… translation of law into computer code. However, the rules of translation are not formalized anywhere, and it …” „… the other hand, is a mapping of the applicable law in the code of the aforementioned applications and …”

Rafał Prabucki, Rafał Skibicki, Dariusz Szostek, Jakub Wyczik Algorithmisation and Tokenisation of Law S. 29-66

„… monograph "Code and Other Laws of Cyberspace”1 proposed to link law with algorithmic code. Since law …” „… of examples only, here can be mentioned the proposal of 1. 1 Lawrence Lessig, Code and Other Laws of …” „… law and algorithmic codes at various levels starting from the regulation of algorithms, through law …”

Dariusz Szostek The Concept of Legal Technology (LegalTech) and Legal Engineering S. 19-28

„… the law into codes12. As a result, lawyers and programmers contribute to the mechanism of regulating …” „… . Technology and engineering, codes included, interact ever more boldly with the law through a complex system …” „… the law into codes within the framework of legal engineering, where the law and code are one …”

Pierpaolo Marano, Mario Zanin, Enrico Maria Scavone Italy S. 553-582

„… platforms, IT services, and software that make law firms and lawyers more efficient in performing their …” „… the law51.The lawyer can 3.1. government for the efficiency of the civil process and for the revision …” „… . 16-bis, Decree-Law 179/2012, in civil proceedings, filing of procedural acts and documents by lawyers …”

Malgorzata Kurowska Legal Tech vs Data in Organisation S. 287-298

„… practise law and disbarment (Article 114 BRAO). Finally, the German Criminal Code (Strafgesetzbuch, StGb)36 …” „… : LawTech [cf. Susana Navas, ‘LegalTech Services and the Digital Content and Digital Services Directive’, 6 …” „… the key ethical principles and the essence of a lawyer’s activity (cf. section 2.3.1. of the Code of …”

Wilfried Bernhardt Germany S. 527-542

„… and the Law (1 ed., Nomos 2019) 108; Anne-Sophie Morand ‘So kollidiert die DSGVO mit der Blockchain …” „… with a simple signature and submit it to the court via a secure transmission channel. The law specifies …” „… network of the federal and state governments in Germany, for document transmission to the 17 § 130d Code …”

Iga Kurowska France S. 521-526

„… international law firms. It can be generally stated that the interest in digitalization and advancement of the …” „… has introduced to the French Civil code digital proof. Articles 1 and 2 of the Decree no. 2001-272 of …” „… Code. France 523 for ordinary and special notifications, judicial procedures with mandatory …”

Tomasz Zalewski Basic Principles for the Effective Use of Legal Tech Tools S. 315-332

„… not fundamentally change the operating model of lawyers and their law firms. These tools allow the …” „… perform their services in a new way and are then looking for appropriate tools. Lawyers and law firms …” „… shared using a dialogue with the user. Chatbots are 16 Adriana Peterson, ‘NoCode And Lawyers’ (NoCode …”

Agnieszka Kubiak-Cyrul, Dariusz Szostek Smart Contracts, Blockchain and Distributed Ledger Technology (DLT) in the Work of a Lawyer S. 267-286

„… popularity, is the smart contract. Based on private law, it combines legal engineering and algorithmic codes …” „… Caria, ‘Definitions of Smart Contracts: Between Law and Code’ in Larry A. DiMatteo, Michel Cannarsa, and …” „… innovative, is its application in a law firm and its adaptation to the needs of lawyers. Blockchain has been …”

Ewa Fabian, Przemyslaw Polanski The Changing Role of the Lawyer. The Case of Digital Accessibility. S. 165-178

„… public authorities' websites with the provisions of domestic and EU law. However, one should not jump to …” „… Internet to people with disabilities in accordance with applicable national and international law and WCAG …” „… and reporting”.9 When examining digital accessibility in the legal context, in accordance with the law …”

Mauro Arturo Rivera León Mexico S. 587-596

„… workload of Law Firms and additionally manages Court Dates), Trato (a system that manages and controls …” „… management and generation of hearings (System "Agenda OJ"), which generates a QR code correlated to the Court …” „… unifying legislation regarding Civil and Criminal law8, the states are still in charge of applying that …”

Bibliography S. 629-673

„… Contracts: Between Law and Code’ in Larry A. DiMatteo, Michel Cannarsa, and Cristina Poncibò (eds) The …” „… February 2021; Lingwall J and Mogallapu R., ’Should Code Be Law? Smart Contracts, Blockchain, and …” „… Replace Lawyers—It Will Free Them’ (Law Technology Today 27 February 2018); Oñate S and Haissiner M …”

Katarzyna Biczysko-Pudelko LegalTech and Coud Computing S. 223-250

„… protection law and smart contracts, the question of how a lawyer should find himself in this "reality" seems …” „… challenges that any lawyer will face under data protection law have changed and, it is fair to assume, will …” „… the Council of Bars and Law Societies of Europe (CCBE), i.e. in 2012 Guide - Electronic Communications …”

Anna Zalesinska, Dariusz Szostek Electronic Communication S. 433-462

„… situation and yields different results when dictating documents (increasingly more common for use in law …” „… more often in law offices and public bodies. And finally, there is the ultimate mainstay of SMAC, i.e …” „… Coderch, Christiane Wendehorst, Fryderyk Zoll (eds) Coronavirus and the Law in Europe Electronic …”

Wojciech Cyrul Computer Aided Legislation S. 129-140

„… thinking about the law - "Law as code"1. The widespread use of IT tools in the creation and accessing of …” „… connecting and visualizing dispersed legal information6. Understanding the evolution of law-making and …” „… law also means that more and more initiatives are being launched that highlight the new potential of …”

Summary of the book S. 615-616

„… , automation of processes, and activities of lawyers both in law firms and in the broader justice system. Maybe …” „… revolution in the way the law and lawyers operate has already begun. It is time to recognize this and take …” „… a major revolution both in the way they operate, such as running law firms, and in the substantive …”

Vytautas Nekrošius Lithuania S. 583-586

„… , arbitrations, law firms? LITEKO and ESP (electronic service portal which is a component of LITE- KO system) are …” „… court proceedings and existence of electronic cases are established in Article 371 of the LR Law on …” „… institutions, insurance and audit firms, judicial experts and insolvency administrators. The Law also provides …”

Zsolt Ződi Hungary S. 543-552

„… AI4Lawyers Project (Council of Bars and Law Societies of Europe, 2021. under publication) 6., 8. I am …” „… % of law firms has fewer than 9 employees, and 80 % of the total attorney population works in such …” „… that the prosecution is part of the law enforcement system, and here at the turn of the millennium …”

Malgorzata Kurowska Implementation of LegalTech Solutions in a Law Firm – Methodology of Risk Assessment and Risk Management S. 195-222

„… also be set out in a lawyer’s code of ethics or derive from the case law of commercial courts. However …” „… Implementation of LegalTech Solutions in a Law Firm – Methodology of Risk Assessment and Risk …” „… work for the Law Firm’s employees and associates whose tasks and responsibilities are clearly defined …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Cyrul 5 Two Sides of the Same Coin. Possible Interactions Between Textwritten Law and Computer Code in …” „… Algorithmic Legal Reasoning and Law-Making Computational Legal Problem Solving. What can Legal Tech Learn from …” „… Polanski LegalTech in Law Firms and the Work of In-house Lawyers 179 Iga Kurowska, Kamil Szpyt …”

Aleksandra Partyk Poland S. 597-614

„… included in the Code of Civil Procedure (CCP hereinafter) and were introduced in Poland on the 1st of …” „… way compliant with the code of conduct in order for the judgement issued to be fair and to take …” „… of justice is far from being perfect. Polish judicature cannot be regarded as the most modern and …”

Thiago Santos Rocha Brazil S. 487-502

„… democratic State of law, among which are the fundamental rights and guarantees, norms of first magnitude …” „… /88, all are equal before the law, without distinction of any nature, and the law must punish any …” „… Code of Civil Procedure (CPC) and introduced other normative measures for the computerization of the …”

Sylwester Szczepanik, Michal Tabor Electronic Delivery S. 415-432

„… administration bodies or courts). In the traditional model of division into public and private law, it can be …” „… concluded that horizontal exchange is the domain of private law, and hierarchical exchange is the domain of …” „… carried out under the rule of law. public. The presented division into both horizontal and hierarchical …”

Michal Wódczak LegalTech in a Law Office in the context of Standardization and Autonomic Intelligence S. 375-386

„… LegalTech in a Law Office in the context of Standardization and Autonomic Intelligence Michał …” „… the creation and application of law, or even the interpretation thereof, one may consider certain …” „… nd edn, 2017) 134. 3 Tanel Kerikmäe and others, ‘Legal Technology for Law Firms: Determining Roadmaps …”

Robert Pajak Information Security in Legal Firms S. 473-484

„… Information Security in Legal Firms Robert Pająk Introduction Law firms and lawyers have been an …” „… liability. It should also be mentioned that law firms work under a special ethical and legal regime …” „… consistent management of the protection of information processed in a law firm, including its employees and …”

About the authors S. 617-628

„… code. 10. Wojciech Cyrul - LL.M, D.E.A. Chair in Legal Philosophy and Legal Ethic, Department of Law …” „… field of civil law and consumer protection law. 14. Tomasz Grzegory – lawyer, professionally associated …” „… About the authors 623 Law, Administration and Economics of the University of Wrocław, lawyer at …”

Tomasz Chomicki Cyber Security, Cyber Hygiene or Cyber Fiction of our Time S. 463-472

„… role of law and lawyers who will be able to work in interdisciplinary teams that understand the …” „… that the law and emerging regulations will protect us. However, experts make it clear - the person …” „… , state and local law enforcement agencies and private organizations. Of the 3.2 million identity theft …”

Marek Swierczynski AI and the Work of Lawyers in the Light of the Council of Europe Guidelines S. 335-346

„… with AI tools occupies a central place at the interface between AI and law. Explainability is an …” „… . Contract and tort law (rather than data protection law itself) may impose legal requirements to use machine …” „… , Stefan Grundmann, Felix Naumann, ‘Explainable AI under contract and tort law: legal incentives and …”

Gabriela Wiktorzak AI In Law Firms S. 347-360

„… -cant-do/> accessed 2 February 2021. 6 Anthony E. Davis, ‘The Future of Law Firms (and Lawyers) in the Age of …” „… ) lawyer/27/1/the-future-law-firms-and-lawyers-the-ageartificial-intelligence/?q=&wt=json&start=0> accessed …” „… .law.com/contrib/content/uploads/documents/397/5408/lawgeex.pdf> accessed 30 November 2020. 10 ibid. 11 See biographical note …”

Maria Dymitruk Borderlands of the Law and Technology: from Digital Machines to LegalTech S. 67-80

„… Borderlands of the Law and Technology: from Digital Machines to LegalTech Maria Dymitruk …” „… borderlands of the law and technology has become an area of interest of many scholars, rekindling bold images …” „… ), accelerating the process of searching for information on the law and improving the day-to-day legal analysis by …”

Tomasz Grzegory, Janos Puskas Legal Tech - Bringing Law into the “Twentieth” Century S. 81-98

„… .legalbusinessworld.com/post/legal-tech-moving-from-ideas-to-execution> accessed 15 February 2021. 2 The Law Society of England and Wales, ‘Lawtech Adoption Research …” „… n/ai-and-machine-learning-legal-tools-every-lawyer-needs-to-know> accessed 22 Feb ruary 2021. Legal Tech - Bringing Law into the “Twentieth” Century 83 • Text …” „… supporting law firms or legal departments in their processes and helping improve their effectiveness. However …”

Maddalena Castellani China S. 503-520

„… Establishment of the Beijing Internet Court and the Guangzhou Internet Court” (later referred to “law”), which …” „… has been the second and third internet courts5. As indicated in the law establishing the Internet …” „… court, the "law" has expanded the areas of competence of the NetCourt. Although trademark, design and …”

doi.org/10.5771/9783748922834

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State and Religion

Dirk Ehlers (Hrsg.), Henning Glaser (Hrsg.)

Reihe: CPG Series of Comparative Constitutional Law, Politics and Governance

Band 5 2020

Treffer in den folgenden Teilen:

Robert Esser Should Criminal Law Protect Against Religious Defamation? Some Reflections on the Applicability of Sec. 166 of the German Criminal Code and the Current Situation in Germany S. 223-244

„… 5 Basic Law/German Constitution [Freedom of expression, arts and sciences] (1) Every person shall …” „… Sec. 166 of the German Criminal Code and the Current Situation in Germany Robert Esser* Protection of …” „… completed in October 2015. 223 The Basic Law of 1949 is guided and inspired by a liberal spirit. The Federal …”

María Concepción Medina González Analysis of the Amendments to Articles 24 and 40 of the Political Constitution of the United Mexican States: Implications for Public Policies of Religious Diversity Management S. 181-206

„… aspects: • Binomial “Law and Religion” (B.); • Analysis of the amendments to Articles 24 and 40 of the …” „… Constitution (C.); and • Approaches to public policy management of religious diversity (D.) Law and Religion …” „… system and proper implementation of the law on religious matters. With this constitutional reform and the …”

Javier Martínez-Torrón State and Religion in Spain S. 361-404

„… characteristic of Western democracies and in‐ ternational law. In the years that followed, the Spanish state …” „… . Article 14: The Spanish are equal before the law and shall not be subjected to any dis‐ crimination on the …” „… of the Civil Code in 1981,16 and by state cooperation agreements with the Catholic Church in 1979 …”

Ronojoy Sen Situating Indian Secularism and Hindu Nationalism S. 423-452

„… : Questions of Separation and Equality,” 2008, p. 298. 25 Ibid., p. 305. 26 Galanter, Law and Society in …” „… and the (Mis)Rule of Law, 1999, chapter 2, for details on the Hindutva cases. Ronojoy Sen 436 that run …” „… several coalition partners. Most of its pet projects such as Ayo‐ dhya and the uniform civil code were put …”

Preface S. 5-10

„… . 166 of the German Criminal Code and the Current Situation in Germany 223 Robert Esser 7 How Law …” „… Series of Comparative Constitutional Law, Politics, and Governance aims to contribute to the ongoing …” „… Alessandro Ferrari Law and Religion in Italy: A new Model of Civil Religion? 299 Silvio Ferrari Religion and …”

Li-ann Thio Cultivating Co-existence Through Control and Cooperation: ‘Secularism with a Soul’ and the Singapore Model of Regulating Religious Freedom and Maintaining Religious Harmony S. 453-476

„… of reli‐ gious minorities, and where religious tenets or religious law conflict with general law …” „… secularism. For an 8 model typology, see Hirschl, “Comparative Constitutional Law and Religion,” 2011, pp …” „… , custom, religion, social values and assumptions about government meet positive law.”9 Secularism with a …”

René Pahud de Mortanges How Law Incorporates Religious Communities: A New Look on State-Religion Relationships Explained by Using the Example of Switzerland S. 245-264

„… . 31. 3 See Allenbach and Sökefeld, Muslime in der Schweiz, 2010, p. 19. How Law Incorporates Religious …” „… relation between the state and the religion, other religious communities III. 5 See ibid, p. 72. How Law …” „… ‐ tion under public law) for historical reasons or because the cultural and social function of the …”

Henning Glaser Restructuring the Field: Religion, Political Order, Constitution S. 11-68

„… the dawn of human socialization, religion has impacted the realm of politics and law. Religion can …” „… overlapping phenomena of political power and public or‐ der, state and constitution, and law in general …” „… , “Religion and Order: Philosophical Reflections From Augustine To Hegel On The Spiritual Sources Of Law And …”

Alessandro Ferrari Islam in Italy: A Religion Under Construction S. 265-298

„… ” within the law but as a more generic and fluid cultural or ethnic experience. In very few cases, in fact …” „… ‐ sions between a “Kelsenian” and a “Böckenfördian” approach, making it difficult for a (Kelsenian) law to …” „… the role of foreign “Muslim” states and private international law than on investigating the role of au …”

doi.org/10.5771/9783748923923

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The Weapons Provisions in the Rome Statute of the International Criminal Court and in the German Code of Crimes Against International Law

David Krivanek

2010

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Introduction S. 31-33

„… anoverview of the German Code of Crimes against International Law and in particularan introduction to Sec. 12 …” „… in Sections80 and 80a of the German Criminal Code, are not international criminal law norms as …” „… Crimes against International LawIntroductionHaving introduced the Rome Statute and in particular Article …”

Weapons encompassed by Sec. 12 (1) No. 1 of the CCAIL S. 73-81

„… terms of the Code of Crimes against International Law.Using Sec. 12 (1) No. 1 of the CCAIL to hold …” „… German Code ofCrimes against International Law may be interpreted. As with the correspondingnorm in the …” „… of the sentence. This principle, recogni?ed in both international and national law, is based on the …”

Scope of application S. 118-123

„… 'asphyxiating and poisonous gases'. The German Code of Crimes againstInternational Law encompasses on the one …” „… the Rome Statute in the GermanCode of Crimes against International LawIntroductionHaving come to the …” „… code meant when they penali?ed the 'employment of biological and chemical weapons'. The question to be …”

Titelei/Inhaltsverzeichnis S. 2-18

„… Code of Crimes againstInternational LawD.179Armed conflictI. 179Nexus between the acts and the armed …” „… in the German Code of Crimes Against International LawNomos1st Edition 2010© Nomos …” „… myunderstanding of International Criminal Law and International Humanitarian Law.It was in Nottingham where the …”

Conclusion S. 174-175

„… implemented in Germany. The lack of a corresponding norm in theCode of Crimes against International Law comes …” „… possibility for an amendment of the Code ofCrimes against International Law would be evaluated.903The main …” „… (2) (b) (xx)of the Rome Statute in the German Code of Crimes against International Law wouldhave …”

Content of the Code of Crimes against International Law S. 33-34

„… Content of the Code of Crimes against International LawThe code contains virtually all crimes …” „… German Constitution.85Interpretation of the Code of Crimes against International LawThe provisions of the …” „… regard to war crimes, the creation of the German Code of Crimesagainst International Law constituted a …”

Implementation of Article 8 (2) (b) (xx) of the Rome Statute into the German Code of Crimes against International Law S. 174

Conclusion regarding the scope of application of Article 8 (2) (b) (xx) of the Rome Statute S. 173-174

„… the GermanCode of Crimes against International LawUnlike the other three provisions discussed, Article …” „… in theCode of Crimes against International Law comes as no surprise: Since the draftersof the Statute …” „… in the German Code of Crimes against International Law wouldhave provided no added value to this code …”

Recourse by the ICC to the Code of Crimes against International Law S. 35-37

„… to this code in its judgements. Admittedly,the Vienna Convention on the Law of Treaties does not list …” „… Journalof Crime, Criminal Law and Criminal Justice 1998, p. 84, at 88.93 Article 38 (1) (c): "The Court …” „… another reason for believing that the Court may have recourse to theGerman code: Both the ICTY and the …”

Scope of application S. 70-73

„… relevant provision in the German Code of Crimes against International Law.The provision criminali?ing the …” „… implementing the criminal provisions of the RomeStatute, the Code of Crimes against International Law mirrors …” „… employment of poison.309As the Code of Crimes against International Law is a piece of legislation …”

Other weapons encompassed by Sec. 12 (1) No. 2 of the CCAIL S. 123-125

„… Law.Applicability to nuclear weaponsThe remaining question is whether Sec. 12 (1) No. 2 of the Code of Crimes …” „… be considered to be broader thanthat of 'asphyxiating and poisonous gases'. The German Code of Crimes …” „… againstInternational Law encompasses on the one hand the gases included in Article 8 (2)(b) (xviii) of the Statute and …”

Mental element S. 81-83

„… the Code of Crimesagainst International Law will be examined.355 Regarding the use of poison or …” „… therefore has to turn to general criminal law, in particularthe Criminal Code, which Sec. 2 of the CCAIL …” „… refers to.Sections 15 and 16 (1) of the German Criminal Code provide for the criminali?ation of an act in …”

Armed conflict S. 179-181

„… and customs ofwar in the two types of conflicts alike in the Code of Crimes against InternationalLaw …” „… Code of Crimes against International LawArmed conflictWhen implementing the provisions on prohibited …” „… of the CCAILwanted the code to reflect customary international law as it stands.932 While theRome …”

Other bullets S. 142-145

„… by Sec. 12(1) No. 3 of the Code of Crimes against International Law.Mental elementUnlike in Article 8 …” „… criminal law prior to theenactment of the Code of Crimes against International Law;690 for the use of …” „… , Sec. 12(1) No. 3 of the Code of Crimes against International Law cannot be considered tocriminali?e …”

Overview of the Rome Statute's weapons provisions S. 21-23

„… implementing the Statute in Germany, the Code of Crimes against International Law.Overview of the Rome Statute …” „… Law of Treaties (VCLT).4 In particular, predecessor norms and the way theyA.I.1 UN Doc. A/CONF.183/9 …” „… Elements of Crimes, alongsidethe Statute itself and the Rules of Procedure and Evidence, as part of the law …”

Interpretation of the Code of Crimes against International Law S. 34-35

„… Interpretation of the Code of Crimes against International LawThe provisions of the CCAIL will still need …” „… the scopeof the CCAIL.91Recourse by the ICC to the Code of Crimes against International LawWhile on …” „… principles of specificity and legality do not exclude the need to interprete a criminal law norm …”

Comparison with the weapons provisions of the Code of Crimes against International Law S. 23-24

„… violation ofthe international law of armed conflict, provided that such weapons, projectiles and materialand …” „… will behad at how it was implemented in the German Code of Crimes against InternationalLaw (CCAIL).10 …” „… accessed on 1 August 2010.].23code will be interpreted and each provision will be compared and contrasted …”

Mental element S. 125-126

„… criminal underSec. 12 (1) No. 2 of the Code of Crimes against International Law.Mental elementThe mental …” „… under theBWC and the CWC as well as customary international law to prohibit and penali?ethe use of …” „… the one hand and biological and chemical weaponson the other hand in the Code on Control of Weapons of …”

Aggravating circumstances S. 83-85

„… the Rome Statute and the Code of Crimes against International Law. The examination of these provisions …” „… al., International Criminal Law and Procedure, at 254 [Emphasis in the original].380 See for the …” „… in the Rome Statute; Werle, Principles of International Criminal Law,marginal no. 1260.368 …”

Article 8 (2) (b) (xx) of the Rome Statute S. 23

„… violation ofthe international law of armed conflict, provided that such weapons, projectiles and materialand …” „… will behad at how it was implemented in the German Code of Crimes against InternationalLaw (CCAIL).10 …” „… Statute, "war crimes" means:…(b) Other serious violations of the laws and customs applicable in …”

Introduction S. 141-142

„… ) of the Rome Statute in the GermanCode of Crimes against International LawIntroductionThe next part of …” „… in Sec. 12 (1) No. 3 of the Code of Crimesagainst International Law. This provision criminali?es …” „… , Criminal Law and Criminal Justice 1998,at 395 et seq.684 Boot, Nullum Crimen Sine Lege, at 599, points out …”

Findings S. 187-188

„… Rome Statute and the Code of Crimes against InternationalLaw.980Not having criminali?ed the use of …” „… international humanitarian law and international criminal law,979 theRome Statute of the International Criminal …” „… Crimesagainst International Law, as is evidenced by Sec. 12 of that code.It has been suggested that the use of …”

Drafting history of the weapons provisions in the Rome Statute S. 27-31

„… anoverview of the German Code of Crimes against International Law and in particularan introduction to Sec. 12 …” „… Crimes against International LawIntroductionHaving introduced the Rome Statute and in particular Article …” „… not only been proscribed and outlawed by aninstrument of international law – the Rome Statute …”

Conclusion regarding the contextual elements S. 185-186

„… Code of Crimes against International Law is more progressive:It does not differentiate between the use …” „… ".971 Not even the German Code of Crimes against International Law criminali?es all acts in both …” „… International and Comparative Law 1983, at 291 et seq.974 According to Kreß, "a good case can be made that …”

Comparing the contextual elements of the Rome Statute and of the CCAIL S. 181-185

„… armed conflict.Mental elementLike the Rome Statute, the Code of Crimes against International Law …” „… of the law and the formulation of a new rule of customary international humanitarian law. Considering …” „… serious violation of international humanitarian law applicable in non-international armed conflict.959 And …”

Mental Element S. 67-70

„… examination ofthe relevant provision in the German Code of Crimes against International Law.The provision …” „… 283 and Rules of Procedure and Evidenceor other sources of international law as provided for in …” „… of Crimes against International LawIntroductionHaving come to the above conclusion with regard to the …”

Conclusion regarding the scope of application of Article 8 (2) (b) (xvii) of the Rome Statute S. 70

„… relevant provision in the German Code of Crimes against International Law.The provision criminali?ing the …” „… against International LawIntroductionHaving come to the above conclusion with regard to the scope of …” „… analysis of Article 8 (2) (b) (xvii) of the Rome Statute, which criminali?es theemployment of poison and …”

Introduction S. 70

A decision by the International Criminal Court S. 188-190

„… Crimesagainst International Law, as is evidenced by Sec. 12 of that code.It has been suggested that the use of …” „… criminal and international humanitarian law,990 they maynot want to appear over?ealous. In particular, they …” „… law and RedCross principles, at 401 et seq.986 This hope is expressed by Meron, in von Hebel et al …”

Bibliography S. 201-232

„… and National Prosecution of Crimes under International Law.Berlin: Berliner Wissenschafts-Verlag 2001 …” „… – Nuremberg – The Hague: Germany and International Criminal Law",40 The International Lawyer 2006, pp. 15 – 39 …” „… . 271 – 279.Cited as: Scott, in Meyer (ed.), Armed Conflict and the New Law.Sellier, Karl G., Kneubuehl …”

Conclusion regarding the scope of application of Article 8 (2) (b) (xviii) of the Rome Statute S. 118

„… the Rome Statute in the GermanCode of Crimes against International LawIntroductionHaving come to the …” „… or other gases, and all analogous liquids, materials or devices with intent and knowledge.Although …” „… discussion will turn to an examination ofthe relevant provision in the Code of Crimes against International …”

Introduction S. 118

Mental Element S. 117-118

„… GermanCode of Crimes against International LawIntroductionHaving come to the above conclusion with regard to …” „… examination ofthe relevant provision in the Code of Crimes against International Law. The provision …” „… 30 ofthe Rome Statute, i.e., the prohibited means of warfare have to be employed withintent and …”

Contextual element 1 S. 176-179

„… extended analysis.906 For one, it is an area wherethe Code of Crimes against International Law deviates …” „… under national law.9222.916 See also Boot, Nullum Crimen Sine Lege, at 599. McCormack and Robertson call …” „… , at 315 et seq.915 See, e.g., Kreß, 30 IYHR 2000, at 114 et seq.177serious violations of the laws and …”

Scope of application S. 142

„… criminal law prior to theenactment of the Code of Crimes against International Law;690 for the use of …” „… German code believed that mostof the acts penali?ed in the Statute could be captured by pre-CCAIL German …” „… criminal law. However, the use of dum-dum bullets was one of the particular examplesof international law …”

Conclusion regarding the scope of application of Article 8 (2) (b) (xix) of the Rome Statute S. 140-141

„… Statute in the GermanCode of Crimes against International LawIntroductionThe next part of this examination …” „… . 3 of the Code of Crimesagainst International Law. This provision criminali?es "employing bullets …” „… the Ottawa Convention.683 Similarly Sunga, 6 European Journal of Crime, Criminal Law and Criminal …”

Future Review Conferences S. 190-193

„… (eds.), International Law, the International Court of Justice and NuclearWeapons, p. 375, at 383 et seq …” „… treatment of international and non-international armedconflicts, the German Code of Crimes against …” „… Cassese, International Criminal Law, at 60. Kalshoven and Zegveld go so far as to call thequestion of the …”

Of a nature to cause superfluous injury or unnecessary suffering or inherently indiscriminate S. 149-165

„… have come tobe part of customary international law today.735Despite the fact that suffering and pain …” „… .), Armed Conflict and the New Law, p. 271, at 277. See alsoUK Manual of the Law of Armed Conflict, marginal …” „… Law Review 2001, at 211.759 See for the background of codifying military necessity in the Lieber Code …”

List of Abbreviations S. 19-20

„… European Journal of International LawEPIL Encyclopedia of Public International Lawet al. et alii (and …” „… Court)BWC Biological Weapons ConventionBYIL British Yearbook of International LawCCAIL Code of Crimes …” „… International Court of JusticeICLQ International and Comparative Law QuarterlyICLR International Criminal Law …”

General Comment S. 38-39

„… puts himself out of the pale of the law and usages ofwar."A similar prohibition had already been …” „… of poison is part of customaryinternational law, ICRC, Appeal on "Biotechnology, Weapons and Humanity …” „… Laws and Customs of War on Land of 1899/1907:"In addition to the prohibitions provided by special …”

Aggravating circumstances S. 145-146

„… of Crimes against International Law.Mental elementUnlike in Article 8 (2) (b) (xix) of the Rome …” „… No other conventional weapons can be considered to be criminali?ed by Sec. 12(1) No. 3 of the Code …” „… .706 This means that the general standard of German criminal law, i.e.,dolus eventualis, will also …”

History of restricting the use of certain means of warfare S. 24-25

„… distinction between so-called 'Hague Law' and 'Geneva Law'.Traditionally, Hague Law20 dealt mainly with the …” „… with the use of weapons, deals principally with Hague Law.However, nowadays it is almost impossible and …” „… code will be interpreted and each provision will be compared and contrasted withits model in the …”

Aggravating circumstances S. 126

„… CCAIL in this regard is more modern and more reflectiveof customary international law than its …” „… toSec. 12 (1) No. 2 of the CCAIL are the same as in the context of the employmentof poison and poisoned …” „… weapons.Comparing Article 8 (2) (b) (xviii) of the Rome Statute and Sec. 12 (1) No. 2 ofthe CCAILWhen implementing …”

Conclusion regarding the scope of application of Sec. 12 (1) No. 2 of the CCAIL S. 126

Comparing Article 8 (2) (b) (xviii) of the Rome Statute and Sec. 12 (1) No. 2 of the CCAIL S. 126

Comparing Article 8 (2) (b) (xvii) of the Rome Statute and Sec. 12 (1) No. 1 of the CCAIL S. 85-86

„… and the Code of Crimes against International Law. The examination of these provisions has shown that …” „… the use of poison and poisoned weapons includes using substances whichthrough chemical or …” „… weapons and weapons containingdepleted uranium is not criminal according to this provision.For the …”

Nexus between the acts and the armed conflict S. 181

„… armed conflict.Mental elementLike the Rome Statute, the Code of Crimes against International Law …” „… Nexus between the acts and the armed conflictAlthough the CCAIL also requires a certain nexus …” „… between the crime and the existence of the conflict,938 it does not dispose of the same threshold formula …”

Mental element S. 181

Conclusion S. 198-200

„… . Sufficeit here to point out that the Rome Statute and the German Code of Crimes againstInternational Law now …” „… consistency of the Rome Statute and its Elementsof Crimes. That is, unless the drafters of the amendment …” „… distinction between this war crime and the war crimeof causing excessive incidental death, injury or damage, a …”

Effects of the substance S. 42-44

„… focus on the effects of the substance rather thangoing through the apparently difficult and …” „… feeling, and what is perceived byone person as very painful may not have the same effect on someone else …” „… .1.131 Convention on the Prohibition of the Development, Production, Stockpiling and Use ofChemical …”

Possible applicability to other weapons S. 136-138

„… character of the use of suchweapons. The Rome Statute is a criminal code, after all, and as such subject to …” „… accordancewith international law.670D.665 The Convention on Cluster Munitions was adopted on 30 May 2008 and …” „… Force Law Review 2001, p. 229, at 250 et seq.666 See supra, at 128.667 Supra, at 67 et seq. and 117.668 …”

Elements of Crimes of the new provisions S. 196-198

„… . Sufficeit here to point out that the Rome Statute and the German Code of Crimes againstInternational Law now …” „… laws and customs applicable in armed conflicts not of an international character, within the …” „… up with a final proposal to be submitted to and approved by the plenary. Havingexplicitly left out …”

Introduction S. 176

„… extended analysis.906 For one, it is an area wherethe Code of Crimes against International Law deviates …” „… took place in the context of and was associated with an international armed conflict;2. The perpetrator …” „… conflictThe first aspect and indeed the defining part of contextual element 1 is the existenceof an …”

Conclusion regarding the scope of application of Sec. 12 (1) No. 1 of the CCAIL S. 85

Contextual element 2 S. 179

„… Code of Crimes against International LawArmed conflictWhen implementing the provisions on prohibited …” „… . This would have required the perpetrator todistinguish between the existence of an international and a …” „… considered sufficient for theperpetrator to have been aware that an armed conflict existed, and the …”

Contextual elements of Article 8 (2) (b) (xx) of the Rome Statute S. 179

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Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

Federal Constitutional Court (Hrsg.)

2013

Treffer in den folgenden Teilen:

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

„… interpretation and application of § 1570 of the Civil Code in case-law established by the legislature through the …” „… .2 sentence 3 of the Civil Code and in § 1570 of the Civil Code violates Article 6.5 of the Basic Law …” „… the care or bringing up of children in § 1570 of the Civil Code, on the one hand, and § 1615 l.2 …”

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

„… inadmissible. … C. § 1626a of the Civil Code is not compatible with Article 6.2 and 6.5 of the Basic Law …” „… wedlock but who separated before the entry into force of the Act Reforming the Law of Parent and Child on …” „… 6.2 sentence 1 of the Basic Law and Article 6.5 of the Basic Law that, according to §§ 1626a and 1672 …”

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

„… of the Civil Code was only incompatible with Article 6.2 and Article 6.5 of the Basic Law insofar as …” „… § 1666 of the Civil Code violate Article 6.2 sentence 1, Article 6.5 and Article 3 of the Basic Law …” „… the Civil Code and § 1672.1 of the Civil Code are incompatible with Article 6.2 of the Basic Law. It …”

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

„… – …– and of 12 August 1997 – …–, 2. indirectly against § 10.3 of the Fifth Book of the Code of Social Law …” „… § 10.3 of the Fifth Book of the Code of Social Law and the administrative and court rulings based thereon …” „… insurance fund in accordance with § 10.1, 10.2 and 10.4 of the Fifth Book of the Code of Social Law is a …”

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

„… considers § 1747.3 of the Civil Code to be incompatible with Article 6.2 and 6.3 of the Basic Law and with …” „… 6.3 of the Basic Law means de facto separation whilst the parent-child relationship and the rights and …” „… (Article 6.2 sentence 2 of the Basic Law) is based first and foremost on the need for protection of the …”

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

„… . 1. § 1685 of the Civil Code in the version of the Act Reforming the Law of Parent and Child (Gesetz …” „… kind protected by Article 6.1 of the Basic Law if there is a social and family relationship between him …” „… child’s best interests. 3. Decision regarding the constitutionality of §§ 1600 and 1685 of the Civil Code …”

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

„… , 1566.2 and 1568.2 of the Civil Code and Article 12 no. 3.1 of the First Marriage Law Reform Act – 1 BvR …” „… against §§ 1565.1, 1566.2 and 1568.2 of the Civil Code and Article 12 no. 3.1 of the First Marriage Law …” „… against §§ 1565.1, 1566.2 and 1568.2 of the Civil Code and Article 12 no. 3.1 of the First Marriage Law …”

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

„… . b) § 1738.1 of the Civil Code was compatible neither with Article 6.2 and 6.5 of the Basic Law, nor …” „… the Civil Code is not compatible with Article 6.2 and 6.5 of the Basic Law insofar as it also applies …” „… Article 6.2 and 6.5 of the Basic Law insofar as the mother also loses the right and the duty to exercise …”

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

„… Law Gazette I page 2054) and § 1617.1 sentence 1 of the Civil Code in the version of the Act Reforming …” „… (§ 1355.2 sentence 2 of the Civil Code in the version of the First Act Reforming the Law on Marriage and …” „… Civil Code was incompatible with Article 3.2 of the Basic Law, and adopted a transitional provision …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… under constitutional law of § 1629.1 of the Civil Code as amended by the Equal Rights Act of 18 June …” „… November 1958 – 6 C 1098/58). RULING: § 1628 and § 1629.1 of the Civil Code as amended by the Equal Rights …” „… Law Gazette I p. 609). According to § 1626.1 [of the Civil Code], a child who is not of age is subject …”

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

„… (Baden-Württemberg Law Gazette pp. 97 et seq.) and finally § 29.2 of the Municipal Code of Baden-Württemberg of 25 …” „… Code of the Land (state) Baden-Württemberg (Law Gazette 1983 p. 578) is incompatible with the Basic Law …” „… Article 1 of the Act on the Amendment of Municipal Election Law and Municipal Law (Gesetz zur Änderung des …”

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

„… the Civil Code was amended with the First Act Reforming the Law on Marriage and Family (Erstes Gesetz …” „… of the Civil Code in the version of the Act Amending the Law on Family Names …” „… Article 1.1 of the Basic Law. The order is reversed and the case referred back to the Berlin Higher …”

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

„… Article 1 no. 20 of the First Act for the Reform of Matrimonial and Family Law (Erstes Gesetz zur Reform …” „… and Family Law of 14 June 1976 (Federal Law Gazette I p 1421), is compatible with the Basic Law in so …” „… far as the claim to maintenance of the divorced spouse is based on § 1570 of the Civil Code and the …”

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

„… not able to support himself or herself from his or her own means (§ 1602.1 of the Civil Code), and …” „… the Code of Social Law (Gesetz zur Einordnung des Sozialhilferechts in das Sozialgesetzbuch) of 27 …” „… January 2005. It has been replaced by the Twelfth Book of the Code of Social Law (Zwölftes Buch …”

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

„… letter (Article 10 of the Basic Law and § 119.3 of the Code of Criminal Procedure). The fundamental right …” „… not comprehensible, and hence violate the Basic Law’s prohibition of arbitrariness (BVerfGE 18, 85 (92 …” „… denoted statements … comply with the elements of the offences under §§ 185 and 186 of the Criminal Code …”

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

„… of the Civil Code (Bürgerliches Gesetzbuch – BGB)). Where the right and the duty to care for the …” „… compatible with the Basic Law that where the 288 preconditions under § 1666.1 sentence 1 of the Civil Code …” „… to § 1632.4 of the Civil Code if serious and permanent impairment of the physical or mental best …”

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

„… position in accordance with §§ 1922.1 and 1967 of the Civil Code. With regard to the personal character of …” „… the legal relationship, § 569.1 of the Civil Code affords to the landlord and to the heirs an …” „… by the special provisions contained in §§ 569a and 569b of the Civil Code, in accordance with which …”

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

„… limit of statutory pensions insurance (§ 55.2 of the Eleventh Book of the Code of Social Law), and on 1 …” „… contribution law provisions of §§ 54, 55, 57, 58 and 60 of the Eleventh Book of the Code of Social Law …” „… Law Gazette (Bundesgesetzblatt – BGBl) I p. 1014). RULING: 1. § 54.1 and 54.2, § 55.1 sentence 1 and …”

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

„… Code in the version of the Act on Equal Rights of Men and Women in the Field of Civil Law (Gesetz über …” „… Code in the version of Article 1 no. 20 of the Act Reforming the Law on Parental Custody of 18 July …” „… 1979 (Federal Law Gazette I p. 1061) is incompatible with Article 6.1 sentence 1 of the Basic Law, and …”

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

„… of the Code of Social Law and Other Statutes (Erstes Gesetz zur Änderung des Dritten Buches …” „… illness and receive sickness benefit; under § 26.2 no. 1 of the Third Book of the Code of Social Law …” „… Gazette I p. 582) and retained in the Third Book of the Code of Social Law, made it easier to complete the …”

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

„… which have not originated according to the Basic Law’s general constitutional principles and …” „… German international private law and the application of foreign law invoked thereby in individual cases …” „… Article 6.1 of the Basic Law for German authorities and courts to refuse to permit the act of marriage …”

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

„… (Federal Law Gazette I p. 640) and § 1267.1 sentence 2 of the Reich Insurance Code in the versions of …” „… Insurance Code (Reichsversicherungsordnung – RVO) are incompatible with Article 6.1 of the Basic Law insofar …” „… of the Reich Insurance Code (Reichsversicherungsordnung – RVO)) – suspension of proceedings and …”

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

„… Basic Law). § 1666.1 sentence 1 and § 1666a of the Civil Code as amended by the Act on Parental Custody …” „… the Act on Equality of Men and Women in the Area of Civil Law (Gesetz über die Gleichberechtigung von …” „… forward during consultations on the Act on Equality of Men and Women in the Area of Civil Law and on the …”

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

„… the adopter and the adoptee (§ 1767.1, 2nd half of the sentence of the Civil Code). The adoption of a …” „… which regulate the relationship between parents and children apply to the family-law relationship …” „… Code) – in principle not affected by adoption (§§ 1770.2 and 1772 of the Civil Code). b) Adult adoption …”

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

„… Authorities and the Law Applicable in Respect to the Protection of Infants) of 5 October 1961 (Federal Law …” „… and 6.3 of the Basic Law (Grundgesetz – GG). The mother could not be blamed for being unable to raise …” „… § 1632.4 of the Civil Code if serious and permanent harm to the child’s physical or psychological best …”

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

„… respectively, when applying general clauses under civil law – such as § 1618a of the Civil Code (Bürgerliches …” „… conjunction with Article 6.5, Article 2.1 and Article 14.1 of the Basic Law. According to the statutory …” „… Article 6.5, Article 2.1 and Article 14.1 of the Basic Law. This does not amount to an inadmissible …”

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

„… constitutionality of § 1361.2 of the Civil Code … either with regard to the protection of marriage and the family …” „… required by Article 6.1 of the Basic Law or with regard to equal rights for men and women under Article 3.2 …” „… family by running the household (§ 1360 sentence 2 of the Civil Code) and often, relying on the belief …”

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

„… Article 6.4 of the Basic Law (Grundgesetz – GG) and of Article 6.2 of the Basic Law. Judgment of the First …” „… which pose formal requirements and set limits. Thus, according to § 1614.1 of the Civil Code …” „… applies to spouses mutatis mutandis according to § 1360a.3 and § 1361.4 sentence 4 of the Civil Code, who …”

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

„… and 620b.3 sentence 1 in conjunction with §§ 620a.4 sentence 2 and 621g of the Code of Civil Procedure …” „… Article 3 of the Basic Law (Grundgesetz – GG), Article 6 of the Basic Law and de facto under Article 101.1 …” „… ); established case-law). 1. The constitutional complaint is not inadmissible … and … not patently unfounded …”

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

„… knowledge and determining that a child is biologically his. I. 1. § 1592 of the Civil Code (Bürgerliches …” „… Code). Applicable law does not provide 760 for a procedure that serves solely to determine whether the …” „… . In addition, in the reform of the law on parent and child matters the legislature had decided against …”

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

„… right to parental care and upbringing in Article 6.2 sentence 1 of the Basic Law corresponds with this …” „… Article 6.2 sentence 1 of the Basic Law and the child’s right to parental care and upbringing. It is …” „… restricted and when it may be excluded pursuant to § 1684.3 and § 1684.4 of the Civil Code. The provisions of …”

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

„… graduated by income group and number of children. § 90.1 of the Eighth Book of the Code of Social Law in the …” „… possibility granted by § 90.1 sentence 2 of the Eighth Book of the Code of Social Law and § 10 of the Hesse …” „… of the Code of Social Law, as also § 1 of the Hesse Kindergarten Act, called education and upbringing …”

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

„… § 10 of the Salaried Employees Insurance Act; now: § 7 of the Sixth Book of the Code of Social Law) and …” „… November 1990 …, b) indirectly against the pension law provisions of the Reich Insurance Code …” „… and Child-Raising Periods Act) of 11 July 1985 (Federal Law Gazette I p. 1450), in the version of …”

Index of Statutes S. 957-962

„… Service Law 438 Act Reforming the Law of Parent and Child (Law of Parent and Child Reform Act) 389 …” „… Code of Social Law – Third Book of the 747, 749-750, 752-757 – Sixth Book of the 339 – Eleventh Book of …” „… Charter on Economic, Social and Cultural Rights 285 Introductory Act to the Civil Code – Article 13.1 of …”

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

„… – BGH) and the case-law concurring with it understand this to mean the circumstances determining the …” „… actual expenditure incurred to form assets and not taken into account in terms of maintenance law in such …” „… 12.1 and 12.2, as well as Article 33.5 of the Basic Law, is directed against the ruling of the Higher …”

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

„… infringe Article 3.1 of the Basic Law that persons of different sex cohabiting with each other and groups …” „… , BGBl I, p. 266), amended by Article 25 of the Ninth Book of the Code of Social Law (Neuntes Buch …” „… Law Gazette I p. 1046), by Article 10 number 7 of the Act on the Reorganisation, Simplification and …”

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

„… of the protection of fundamental rights by the further refining and application of procedural law by …” „… principle of the binding force of law and justice (Article 20.3 of the Basic Law), to end a continuing …” „… Basic Law and of the fundamental right of the child under Article 2.1 in conjunction with Article 1.1 of …”

Titelei/Inhaltsverzeichnis S. I-XXVIII

„… § 1626a.1 no. 1 and § 1672.1 of the Civil Code with Article 6.2 of the Basic Law 826 Appendix The Basic …” „… Basic Law is a fundamental provision (binding value decision) and currently binding constitutional law 1 …” „… sentence 1 and 14.1 of the Basic Law 541 36. BVerfGE 106, 166 Order of the First Senate of 29 October 2002 …”

BVerfGE 55, 171 Order of the First Senate of 5 November 1980 – 1 BvR 349/80 “Custody case” Accommodation of the will of a child in a ruling on custody after divorce of the parents and ruling of the judge with jurisdiction on the question of the personal hearing of children under the age of 14 S. 156-165

„… into account in rulings on custody after the divorce of the parents (§ 1671.2 of the Civil Code), and …” „… created by the Act on Equal Rights of Men and Women in the Field of Civil Law (Gesetz über die …” „… (Bundesgesetzblatt – BGBl.) I p. 609) was re-worded by the First Act Reforming the Law on Marriage and Family (Erstes …”

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

„… dismissed the appeal on points of law by the accused and the complainant pursuant to § 349.2 of the Code of …” „… constitutionally protected rights. 2. Safeguarding the undisturbed administration of the criminal law and the …” „… concerned and the protection of legal interests by the criminal law must be balanced against each other. 3 …”

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

„… the subject of dispute in the case-law and legal literature. 1. a) Since the entry into force of the …” „… established case-law, the marital circumstances within the meaning of § 1578 of the Civil Code are determined …” „… according to § 1577.1 of the Civil Code. 3rd set of proceedings 1 BvR 457/96 Two children, born in 1972 and …”

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

„… right of the complainant re 1. under Article 6.2 sentence 1 of the Basic Law and the fundamental rights …” „… Article 103.1 of the Basic Law. The ruling is reversed and the case is referred back to the Celle Higher …” „… Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the …”

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

„… continues to pursue his action with the appeal on points of law, and complains that neither the basic …” „… )). Article 6.1 of the Basic Law requires over and above this that in the case of taxation of a family the …” „… Ministry for Family Affairs and Senior Citizens, the case-law of the Federal Administrative Court …”

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

„… Law unequivocally assigns to the protection of marriage and the family. 3. The impairment of the …” „… Article 6.1 and 6.2 of the Basic Law. … e) Following expiry of the three-year period, complainant 1 …” „… rights under Articles 1.1, 3.1 and 6.1 of the Basic Law. … IV. In the name of the Federal Government, the …”

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

„… rights in a marital child-raising community (Article 6.1 and 6.2 of the Basic Law). 2. Over and above the …” „… § 52.23b and § 32.3 and 32.4 of the Income Tax Act in the version promulgated on 12 June 1985 (Federal Law …” „… 1986 (Federal Law Gazette I p. 441) – 2 BvR 1226/91 – and 3. a) of Dr. U. (Ms.), b) of Dr. U. (Mr …”

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

„… 1.1, 2.2, 6.1, 6.2, 20 and 104.1 of the Basic Law. He claims that his spouse is unable to visit him on …” „… been exceeded, and hence constitutional law has not been violated, until refusal of visiting permission …” „… values. a) Marriage and the family are particularly protected by the state (Article 6.1 of the Basic Law …”

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

„… principle that the judge is bound by statute and law (Article 20.3 of the Basic Law (Grundgesetz – GG …” „… methodologically justifiable interpretation of the law. Both a failure to consider a decision of the ECHR and the …” „… conjunction with the principle of the rule of law and is reversed. The matter is referred back for a new …”

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