Elections in September Approved
am 25.08.2005 von German American Law Journal :: American Edition
MAG - Washington.
The German Constitutional Court ruled on August 25, 2005 that President Köhlers decision to dissolve parliament on July 21, 2005 was not unconstitutional, 2 BvE 4/05 and 2 BvE 7/05.
Two members of parliament had complained to the highest court that dissolving parliament and calling for new elections on September 18, 2005 would conflict with Article 68 of the German Constitution and would, therefore, be unconstitutional.
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German Federal Constitutional Court Allows Elections on 18 September
Law & Justice / The German federal Constitutional Court (Bundesverfassungsgericht) allows that the elections for a new Bundestag can be held at 18th September. Two MPs, Werner Schulz (Die Grünen) and Jelena Hoffmann (SPD, same party as the head of government, Chan…
No Dependable Majority
German American Law Journal :: American Edition / CK - Washington. The lack of a dependable majority in the diet, Bundestag, weighed on President Köhlers decision today to dissolve the parliament. He explained his rationale on TV and encouraged the country to vote on September 18, 2005. …
German Federal Constitutional Court decision in English/Bundesverfassungsgericht Entscheidung auf Englisch
Transblawg / The decision of the Federal Constitutional Court of 14th October 2004, which was widely commented on in the press - it deals with how far German courts are obliged to enforce decisions of the European Court of Human Rights -...…
Hearing on Election
German American Law Journal :: American Edition / CK - Washington. The Muepe.de blog has the goods on the hearing schedule for the advance federal election currently scheduled for September 18, 2005. The Federal Supreme Constitutional Court in Karslruhe may still void the decision by Presiden…
Convoluted Schröder Resignation
German American Law Journal :: American Edition / CK - Wahsington The convoluted resignation of chancellor Schröder passed the next step: The Parliament accepted his request for a vote of no confidence. The ball is now in the court of president Köhler or the Federal Constitutional C…
Elections Just Like That
German American Law Journal :: American Edition / CK - Washington. After an electoral loss of his party in the state of North-Rhine-Westphalia, Chancellor Schröder would like to disband the federal diet in Berlin and hold federal elections in the fall. In the regular cycle, such election…
Jail for Incest Deferred
German American Law Journal :: American Edition / CK - Washington. The federal constitutional court in Karlsruhe is to rule on the issue of the criminal prohibition of incest and its compatibility with the constitution. In a preliminary decision of March 1, 2007, the court decided against gra…
Data-Retention Plans Worry Members of European Parliament
Law & Justice / The EU Observer reports about the currently ongoing discussion about the data rention plans of the EU. Several members of the European Parliament remain worried by plans to force EU telephone and service providers to store data for criminal investig…
Soldier with Conscience
German American Law Journal :: American Edition / CK - Washington. In a complex ruling in the matter BVerwG 2WD 12.0-4 of June 21, 2005, the Federal Supreme Court for Administrative Law, Bundesverfassungsgericht, in Leipzig determined that (1) the U.S./U.K. war in Iraq violates international …
Domain names pledgable in Germany
Law & Justice / The German legal blog Handakte writes about a judgment of the German supreme court, which has decided in a landmark decision that domain names are pledgable. Hereby the court ends an ongoing legal discussion about the legal nature of domain names in…
Contingency Fee Ruling
German American Law Journal :: American Edition / CK - Washington. On March 8, 2007, the federal constitutional Supreme Court in Karlruhe rendered a landmark decision loosening the restrictions on contingency fees. Such fees have been legal only in very limited circumstances, usually involvi…
Domain is Property
German American Law Journal :: American Edition / CK - Washington. The domainundrecht.de blog analyzes the recent German Constitution Supreme Court decision, docket number 1 BVR 1306/02, of November 24, 2004, involving the ad-acta company and the ad-acta.de domain, both held by different part…
Terror Kills in Airspace
German American Law Journal :: American Edition / CK - Washington. The Constitutional Supreme Court in Karlsruhe announced its decision today in the matter 1 BvR 357/05, finding the statute unconstitutional that permits the national defense authorities to shoot down aircraft over Germany that…
Court Knocks Queen
German American Law Journal :: American Edition / CK - Washington. In its decision of September 9, 2004 in the matter 6 U 50/04, the Cologne Court of Appeals addressed the issue of proof of citizenship of European Union artists in connection with the enforcement of the artists copyrights in t…
Retired Judge May Counsel
German American Law Journal :: American Edition / CK - Washington. The Federal Supreme Court decided in an order, case number 1 BvR 737/00, on July 29, 2004 that a retired judge without admission to the bar or other permission to counsel in legal matters, such as under the Rechtsberatungsgese…
Seizing Client Data From Lawyers
German American Law Journal :: American Edition / CK - Washington. In the course of a criminal investigation, the police may not search and seize all the data-storing equipment of a suspect, the German Federal Constitution Court in Karlsruhe decided on April 12, 2005, according to its press r…
Transatlantic Testament
German American Law Journal :: American Edition / CK - Washington. Recht-in.de published a recent decision, IV ZR 135/03, dated July 7, 2004, by the German Supreme Court on the validity of a holographic will made by a German testator with respect to real estate in Florida. The last will does…
Inviolability of Law Offices
German American Law Journal :: American Edition / CK - Washington. Searches of, and seizures in, law offices require enhanced constitutional scrutiny, the German Constitutional Supreme Court in Karlsruhe decided. In its press release of May 29, 2008, the court emphasizes the general inviolab…
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