• Flirtano GmbH ( Mahneifer trotz Urteil des AG Bremen (1 C 66/17)

    … Unser beim AG Bremen – 1 C 66/17 – erwirktes Urteil lässt die Flirtano GmbH offensichtlich kalt. Trotz rechtskräftig festgestellter Unwirksamkeit von Forderungen für wird der Mandant lustig weiter gemahnt. Als Belohnung gibt es eine Abmahnung wegen eines Eingriffs in das Allgemeine Persönlichkeitsrecht unseres Mandanten. Wer bei…

    Thomas Rader/ Kanzlei Rader- 151 Leser -

  • From legal to political constitutionalism?

    …. The individualist focus of republican theory seems less important in prof. Morawski’s account, in which the collective is rather emphasized. Indeed, his understanding of Polish republicanism endorses values such as patriotism, solidarity, a strong state, and a prominent role of religion in public life, whereas there is no mention of the importance…

    Verfassungsblog- 75 Leser -
  • A state of constitutional necessity versus standard legal reasoning

    … N.W. Barber and A. Vermeule, in their seminal paper, differentiate between three types of cases in which the exceptional role of courts can come to light. I will be interested only in the third type of cases, which has been defined by Barber and Vermeule as follows: ‘There are some cases in which the health of the constitutional order requires…

    Verfassungsblog- 71 Leser -
  • A Critical Response

    … Let me begin by quoting Abraham Lincoln’s Gettysburg​ Address​, in which he stated that a “democratic​ government​ should be government of the people, by the people and for the people”.​ As you know the current government in Poland does not enjoy the support of the political and economic establishment or academic professors but it is supported…

    Verfassungsblog- 64 Leser -
  • Self-defence of public institutions in the Polish constitutional crisis

    … Before I start my presentation, let me make a short statement. Professor Lech Morawski, who is also participating in this symposium, has been invited here as judge of the Polish Constitutional Tribunal. I would not like that my presence here be recognised as an acknowledgement of th legality of his appointment to this position. Professor…

    Verfassungsblog- 92 Leser -
  • New Forces for the Greek State: Comments on Comments

    …-supported Greeks’ exit; secondly, by the spill-over effect that weak institutions have for the rest of the Union; thirdly, by the fact that European funds will be used; and fourthly, but the agreement of the Greek government that will always be required. At the end, our proposal is an expression of solidarity between the members of the European polity…

    Verfassungsblog- 81 Leser -
  • Against Renationalization

    … – need help, and this resources cannot but come from the rest of the Union. However, they cannot – and should not – come without conditions. But these conditions should be determined in the name of all European citizens. In other words, Greek citizens would get support as European citizens from all other European citizens. Furthermore, if measures…

    Verfassungsblog- 66 Leser -
  • All we need is Trust: Conditions are not a Means of Punishment

    … Let us go back to spring 2010. Pressure rose against the European institutions to send a rescue package to Greece, which had discovered shortly before to be unable to re-finance its debt in the markets. The German government (in a strange post-election turmoil) showed some resistance (rightly) based on Art. 125 (1) TFEU (Art. 136 (3) TFEU did…

    Matthias Ruffert/ Verfassungsblog- 48 Leser -
  • The Strain of the New Forces

    …, including realization of difficult reforms, which must be undertaken in order to obtain necessary financial aid. The prospect of bankruptcy and collapse of the European order (including the Eurozone) represents a good justification for this proposal. The stakes are high. It is also known that the solutions to date have failed. Can there be a clearer…

    Verfassungsblog- 38 Leser -

  • Institution-Building in Greece. On the Risk of “Double Loyalty”

    … The added value of the proposal by Armin von Bogdandy and Michael Ioannidis lies in that it deals with the serious problem of the Greek institutions’ weakness in implementing reforms. The authors come up with a concrete and intelligent idea, which goes beyond the narrow-minded perspective of economic austerity. However, the proposal should…

    Verfassungsblog- 35 Leser -
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