...Christopher Michaelsen © The Author [2012]. Published by Oxford University Press. All rights reserved. For Permissions, please email: [email protected] 2012 preventive detention meaning of ‘penalty’ retrospective penalties Basic Law of Germany Bundesverfassungsgericht Articles 5...

... between these proceedings. The Federal Constitutional Court (Bundesverfassungsgericht—BVerfG) nullified the first set of provisions on data retention on the grounds that they infringed German fundamental rights, although they were mandated by the Data Retention Directive. In contrast...

... Friedrich Carl von equality Lepsius Oliver political actors judges legal academics institutional peculiarities Basic Law constitutional history comparative constitutional development Federal Constitutional Court Bundesverfassungsgericht Perhaps no other institution has done as much to shape...

... of their landmark volume is only partial payment. It is an even greater pleasure. But before I can properly introduce the book, I must first introduce its protagonist. And so, as the nineteenth- century novelists liked to put it: Reader, meet Court or Bundesverfassungsgericht for short. * * * December 1952...

...This chapter contains two sections, each written by a justice from one of the two Senates of the ‘twin court’ that is the German Bundesverfassungsgericht: the First Senate dealing mainly with fundamental rights, the Second serving as ‘State Court’ that deals also with Germany’s international...

... principle constitutional identity FCC German Federal Constitutional Court Bundesverfassungsgericht Lisbon Treaty Cruz Villalón Pedro Fabbrini Federico EU Treaties Gutiérrez Fons Jose A Lenaerts Koen Poland rule of law crisis rule of law EAW European Arrest Warrant Tridimas Takis Austria...

...The basic principle for the Bundesverfassungsgericht (German Federal Constitutional Court) has been that the international delegation of limited and revocable powers generally has been accepted as long as the organizations to which powers are delegated also provide adequate...

.... In the German context, however, the limited quantity of direct uses of foreign law by courts should be weighed against the relatively rich comparative law scholarship. Bundesgerichtshof Bundesverfassungsgericht Bundesverwaltungsgericht Germany complaint constitutionality Rechtsdogmatik Zweigert Konrad...

... in the judiciary’s decentralization, pursuant to which the federation and states share responsibility for administering justice. Two courts help illustrate these features: the Bundesgerichtshof (Federal Court of Justice) and the Bundesverfassungsgericht (Federal Constitutional Court...

... as belonging to the centralized ‘European’ or ‘Kelsenian’ model, with a specific constitutional court, the Bundesverfassungsgericht, having the monopoly over such review. Central and Eastern Europe CEE constitutional constitutional courts democracy diffuse constitutionality review...

... Bundesverfassungsgericht It was new. It lacked tradition. The scarlet robes of its judges were borrowed from the Florentine Renaissance. In the Karlsruhe palace gardens, it occupied five flat cubes made out of concrete, steel, and, most striking, glass. This court was not, and did not intend to be, like typical German...

... individual complaints personality sovereignty legitimacy legality decision-making practice legitimation legitimacy Federal Constitutional Court Bundesverfassungsgericht “ … the Basic Law is more likely to suffer from being challenged too little than from being challenged too much.” Rudolf...

...This chapter examines how Germany’s Basic Law can prevent the transformation of the European Union into a state. It begins with a discussion of the German Federal Constitutional Court’s (Bundesverfassungsgericht) 2009 decision on the compatibility of the Lisbon Treaty...

... deference to the political choice in favor European integration; and second, since the 1990s, with the German Federal Constitutional Court (Bundesverfassungsgericht) at the forefront, the desire to limit that strong deference in their Kompetenz-Kompetenz jurisprudence...

... The several contributors 2020 DOI: 10.1093/oso/9780198726418.003.0001 This chapter discusses the German constitutional court, otherwise known as the Federal Constitutional Court (Bundesverfassungsgericht; ‘BVerfG’). It first traces the development of the German process of constitutional...

.... Last, it puts forward a number of ideas on fundamental rights adjudication in times of economic crisis. judicial review of economic policy national courts German Federal Constitutional Court Bundesverfassungsgericht European Financial Stability Facility EFSF Greece ESM Treaty and Fiscal Compact...

... Federal Constitutional Court Bundesverfassungsgericht Under the Basic Law, the Federal Constitutional Court is part of the judicial authority. Its competences include deciding cases on the basis of extraordinary remedies. Art. 93, 1 GG lists the most important of these proceedings: constitutional...