New Diet: Substantive Discontinuity
am 26.05.2005 von http://www.recht.us/amlaw
CK - Washington. The surprise elections in Germany generate much discussion of the legality of chancellor Schröders call to have the president disband the federal diet, Bundestag.
The Sartorienfelder blog examines an important issue that arises with the end of the current diet: What will happen to the legislation currently in progress?
When a new Congress comes into town, new legislation begins with bill number 1. Washington is surprised when a new Congress enacts major legislation quickly, as happened this year with S.5, the Class Action Fairness Act.
By contrast, certain legislation can survive elections in Germany, under the right conditions, which Sartorienfelder explores. The key principle is sachliche Diskontinuität, substantive discontinuity. This rule is the opposite of the Periodizitätsprinzip, the principle of periodicity found in Art 69(1)(1) of the federal constitution, author Uwe Tetzlaff explains, and not based on the constitution. It belongs to the procedural rules of …
New German elections / Neuwahl in Deutschland
Transblawg / perlentaucher.de verlinkt internationale Kommentare zu den Neuwahlen. perlentaucher.de (in German) gives a number of links to international coverage (some of it in English) on the German elections called for by Schröder. Some papers are trying o…
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…
Compromise on Discrimination
German American Law Journal :: American Edition / CK - Washington. On July 7, 2006, the Federal Council, Bundesrat, may approve the Diet-passed legislation to incorporate the EU antidiscrimination directives into German law. The Council had worked with the Diet on a compromise after it critiz…
Federal Reform
German American Law Journal :: American Edition / KC - Washington. In June and July 2006, both houses in Berlin Bundestag and Bundesrat, passed federalism reform legislation with the necessary two-thirds majority. The reform became effective on September 1, 2006. It is the largest set of ame…
Library of Congress Enhances Thomas Database
Handakte WebLAWg / The Library of Congress announced the release of a beta version of Thomas, a Web site that provides access to federal legislation and related documents. More search features are available as well as more help for those unfamiliar with searching for f…
Tolling Statute
German American Law Journal :: American Edition / CK - Washington. Today, the cabinet in Berlin agreed to amend the tolling statute for criminal prosecutions. Currently, the statute is not tolled if a defendant moves abroad, even as the prosecution pursues extradition measures. As revised,…
Constitutional Export
German American Law Journal :: American Edition / CK - Washington. The German constitution, developed in the late fourties under the influence of the occupational forces to incorporate modern constitutional principles and benefit from lessons learned with older constitutions in Germany and ab…
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