DOCSLIB.ORG

EUROPEAN COMMISSION Brussels, 30.9.2020 SWD(2020) 304 Final

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
EUROPEAN COMMISSION Brussels, 30.9.2020 SWD(2020) 304 Final EUROPEAN COMMISSION Brussels, 30.9.2020 SWD(2020) 304 final COMMISSION STAFF WORKING DOCUMENT 2020 Rule of Law Report Country Chapter on the rule of law situation in Germany Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2020 Rule of Law Report The rule of law situation in the European Union {COM(2020) 580 final} - {SWD(2020) 300 final} - {SWD(2020) 301 final} - {SWD(2020) 302 final} - {SWD(2020) 303 final} - {SWD(2020) 305 final} - {SWD(2020) 306 final} - {SWD(2020) 307 final} - {SWD(2020) 308 final} - {SWD(2020) 309 final} - {SWD(2020) 310 final} - {SWD(2020) 311 final} - {SWD(2020) 312 final} - {SWD(2020) 313 final} - {SWD(2020) 314 final} - {SWD(2020) 315 final} - {SWD(2020) 316 final} - {SWD(2020) 317 final} - {SWD(2020) 318 final} - {SWD(2020) 319 final} - {SWD(2020) 320 final} - {SWD(2020) 321 final} - {SWD(2020) 322 final} - {SWD(2020) 323 final} - {SWD(2020) 324 final} - {SWD(2020) 325 final} - {SWD(2020) 326 final} EN EN ABSTRACT The German justice system is characterised by the country’s federal structure and the important role of the Länder in the administration of justice. The level of perceived judicial independence is high. Safeguards for the independence of prosecutors have recently been under discussion. The German justice system is mostly performing efficiently, although some indicators have been showing a decline in overall performance. Particular efforts are ongoing to further develop the digitalisation of the justice system, which would contribute to enhancing its efficiency and quality. The 2019 ‘Pact for the Rule of Law’ between the federal level and the federal states will lead to additional funding for the justice system and the creation of 2000 new posts for judges and prosecutors by end-2021. This is also relevant in view of the increasing number of judges and prosecutors who will retire in the coming years. The legal, regulatory and institutional anti-corruption framework is broadly in place, with the implementation of repressive anti-corruption policies and criminal cases prosecution lying with the Länder. A ‘revolving doors’ policy exists at the federal level and in most Länder. As regards lobbying, the mandatory registration of contacts with both members of the Federal Parliament and members of the Federal Government is missing, although reforms in this area are being considered. Whistleblowers protection in Germany relies on a system which is integrated within businesses, allowing for people to rely on a reporting channel which is additional to the institutional one. Germany has well-established regulation on media freedom and pluralism, which mostly falls under the competence of the Länder. The fourteen media regulatory authorities are public agencies, with a legal guarantee of independence from political and commercial interference. Transparency of ownership of media outlets is high and safeguards are in place to prevent political interference with the media. The constitution and secondary legislation expressly guarantee the right of journalists to protect the confidentiality of their sources and regulate the right of access to information. In recent years, some concerns about increasing attacks on journalists have arisen. The system of checks and balances is well established. An impact assessment framework and the involvement of stakeholders contribute to the quality of the legislative process. Constitutional review takes place at both the federal level as well as at the level of the Länder. An enabling framework for civil society and a policy for making information accessible to citizens are in place. Civil society organisations can operate freely in Germany. Regular discussions on rule of law topics, both from a domestic as well as an European perspective, are promoted, including through a nationwide information and publicity campaign conducted in 2019 in the context of the ‘Pact for the Rule of Law’, focussing on communicating the significance of the rule of law and the guarantees it provides for the individual citizen as well as for a democratic society. 1 I. JUSTICE SYSTEM The court system in Germany is structured in a federal manner. Jurisdiction is exercised by federal courts and by the courts of the 16 federal states (‘Länder’). The main share of competence and workload regarding the administration of justice lies with the Länder. The court structure is divided between the ordinary jurisdiction and specialised courts. The ordinary jurisdiction consists of the civil and criminal jurisdiction. The specialised courts are the administrative courts, the finance courts, the labour courts and the social courts. The courts of the Länder are generally administered by their respective ministries of justice. Appointment of judges and prosecutors, except for the federal courts, falls within the competence of the Länder. While appointment procedures differ in detail between the Länder, all share common core elements, in particular the principle of merit (Leistungsprinzip)1 and the judicial review of the process and decision relating to appointment. For the Federal Courts, a judges’ selection committee (Richterwahlausschuss) selects judges for appointment by the executive and Councils of judges (Präsidialräte) of the relevant courts have to be consulted in this process.2 There are currently 638 local courts, 115 regional courts and 24 higher regional courts as part of the ordinary jurisdiction. There are further 51 administrative courts, 15 higher administrative courts, 18 financial courts, 108 labour courts, 18 higher labour courts, 68 social courts and 14 higher social courts across the 16 Länder3. At the federal level, the Federal Minister of Justice is responsible for the Federal Court of Justice, the Federal Administrative Court and the Federal Finance Court. The Federal Ministry of Labour and Social Affairs is responsible for the Federal Labour Court and the Federal Social Court. Constitutional review is ensured by the Federal Constitutional Court and the constitutional courts of the Länder. The prosecution services in Germany are part of the executive, at federal level with the Prosecutor General at the Federal Court of Justice. At the level of the Länder, each has its own public prosecution service. There are 27 regional Bars in Germany4. The umbrella organisation of all 28 Bars in Germany is the German Federal Bar in Berlin. Independence The perceived independence of courts and judges among the general public and companies remains high. Overall, 76% of the general population and 73% of companies perceive the level of independence of courts and judges as ‘fairly or very good’5. This high level of perceived judicial independence has remained stable over the last years6. This was also confirmed by stakeholders such as the German Association of Judges and Prosecutors, 1 This is anchored in Article 33 para. 2 of the Basic Law; mainly on the basis of the grades in the two legal state exams. 2 The judges’ selection committee (Richterwahlausschuss) is composed in equal parts of the responsible ministers of the federal states and members selected by the Federal Parliament. See Law on Election of Judges (Richterwahlgesetz) and German Law on Judges (Deutsches Richtergesetz), Art. 54-55. Similar committees exist in certain Länder. Moreover, the process and decision of appointment or non-appointment is fully subject to judicial control before the administrative courts. 3 Federal Ministry of Justice and Consumer Protection (2020). 4 In addition, there is a special bar for the lawyers with rights of audience in civil matters at the Federal Court of Justice. 5 Figures 44 and 46, 2020 EU Justice Scoreboard. The level of perceived judicial independence is categorised as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 6 2013 to 2020 EU Justice Scoreboard. 2 the German Bar Association and the German Federal Bar7. The independence of the German justice systems is ensured by multiple safeguards, which include in particular judicial control over the legality of any decision relating to the judiciary, such as appointments, professional appraisals, promotions, disciplinary sanctions and dismissals8. Furthermore, the German justice system contains a number of elements of judicial self-administration9. The right of Ministers of Justice to instruct prosecutors in individual cases is under discussion. An amendment to abolish this right had been proposed as a reaction to the judgment of the Court of Justice of the European Union concerning the application of the European Arrest Warrant10, which found that German public prosecutor’s offices do not provide a sufficient guarantee of independence from the executive for the purposes of issuing a European Arrest Warrant. This amendment was rejected by the Federal Parliament on 28 May 202011. Structurally, the prosecution services form part of the executive. Therefore and as stipulated in the relevant provisions of the Law on the Judicial System12, the Ministers of Justice of the Länder and the Federal Minister of Justice have the possibility to give instructions to prosecutors in individual cases. This power is subject to legal safeguards. In addition to the principle of legality13, which circumscribes any action of prosecution services, and the constitutional principle of the rule of law 14, there are additional safeguards at federal and Länder level15. The overall effect is to ensure that any instructions in a specific case cannot in any event exceed the limits of the law16. Moreover, both authorities and stakeholders explained that only in very rare cases this right of instruction is actually exercised17. This practice, combined with the legal safeguards in place, appears to mitigate the risk of misuse of the right of instruction18. 7 Information received in the context of the country visit and the consultation process for the report, e.g. contribution from the German Federal Bar. 8 In particular, Art. 97 Basic Law on Judicial Independence.
Load more

Recommended publications
  • The Federal of Republic of Germany Is a Democratic and Social Federal
    The Federal Republic of Germany Jutta Kramer The Federal Republic of Germany “is a democratic and social federal state” (Basic Law, Art. 20I). It was founded in 1949, after the Western Allies gave the prime ministers of the Länder (i.e., the constituent states), which were reestablished after the Second World War, the task of drafting a new constitution with a federal character in order to prevent a strong central state from arising in Germany again. However, the federal order in Germany does not follow the example of the United States Constitution, which emphasizes a division of powers between governments, but rather the German tradition, which is characterized by mutual connections, interconnections, and overlapping of the centralized and decentralized state units.1 When it was founded, the Federal Republic of Germany consisted of 11 Länder (without Berlin, which was a city-state under Allied control) that did not conform to the boundaries of the former Weimar Republic. Since reunification in 1990, Germany has consisted of 16 Länder, including three city-states: Hamburg, Bremen, and Berlin. Germany’s population is spread across 357,000 square kilometres. The highest population density is in Berlin, which has 3,800 inhabitants per square kilometre; the lowest is in the Land Brandenburg, which has only 88 inhabitants per square kilometre. Länder sizes differ considerably as well. The smallest Land, Bremen, consisting of two cities (Bremen and Bremerhaven), has 680,000 inhabitants; the largest Land, North Rhine-Westphalia, has more than 17.9 million inhabitants. The ethnicity of Germany’s population of 82.1 million people is largely homogeneous.
    [Show full text]
  • Germany (1950-2018)
    Germany Self-rule INSTITUTIONAL DEPTH AND POLICY SCOPE Germany has two-tiered regional governance consisting of sixteen Länder and (Land)Kreise. Several Länder have a third tier between these two, Regierungsbezirke (administrative districts). Two Länder have a fourth tier of regional governance, Landschaftsverbände in North-Rhine Westphalia and Bezirksverband Pfalz in Rhineland-Palatinate.1 The 1949 Basic Law of the German Federal Republic granted eleven Länder extensive competences, which include legislative powers for culture, education, universities, broadcasting/television, local government, and the police (C 1949, Art. 74; Council of Europe: Germany 1999; Hrbek 2002; Swenden 2006; Watts 1999a, 2008). Länder also exercise residual competences (C 1949, Art. 70). In addition, the Basic Law states that Länder are responsible for the implementation of most federal laws (C 1949, Arts. 83–85). The federal government may legislate to preserve legal and economic unity with respect to justice, social welfare, civil law, criminal law, labor law, and economic law (C 1949, Art 72.2), and it has authority to establish the legislative framework in higher education, the press, environmental protection, and spatial planning (C 1949, Art. 72.3; Reutter 2006). The federal government exercises sole legislative authority over foreign policy, defense, currency, and public services (C 1949, Art. 73; Council of Europe: Germany 1999; Hrbek 2002; Swenden 2006; Watts 1999a, 2008). It also has exclusive authority over immigration and citizenship (C 1949, Arts. 73.2 and 73.3), though Länder administer inter-Land immigration and have concurrent competence on residence (Bendel and Sturm 2010: 186-187; C 1949, Arts. 74.4 and 74.6).2 However, this is not enough to qualify for the maximum score on policy scope.β The constitutional division of authority was extended to the five new Länder after unification in 1990.
    [Show full text]
  • Commander's Guide to German Society, Customs, and Protocol
    Headquarters Army in Europe United States Army, Europe, and Seventh Army Pamphlet 360-6* United States Army Installation Management Agency Europe Region Office Heidelberg, Germany 20 September 2005 Public Affairs Commanders Guide to German Society, Customs, and Protocol *This pamphlet supersedes USAREUR Pamphlet 360-6, 8 March 2000. For the CG, USAREUR/7A: E. PEARSON Colonel, GS Deputy Chief of Staff Official: GARY C. MILLER Regional Chief Information Officer - Europe Summary. This pamphlet should be used as a guide for commanders new to Germany. It provides basic information concerning German society and customs. Applicability. This pamphlet applies primarily to commanders serving their first tour in Germany. It also applies to public affairs officers and protocol officers. Forms. AE and higher-level forms are available through the Army in Europe Publishing System (AEPUBS). Records Management. Records created as a result of processes prescribed by this publication must be identified, maintained, and disposed of according to AR 25-400-2. Record titles and descriptions are available on the Army Records Information Management System website at https://www.arims.army.mil. Suggested Improvements. The proponent of this pamphlet is the Office of the Chief, Public Affairs, HQ USAREUR/7A (AEAPA-CI, DSN 370-6447). Users may suggest improvements to this pamphlet by sending DA Form 2028 to the Office of the Chief, Public Affairs, HQ USAREUR/7A (AEAPA-CI), Unit 29351, APO AE 09014-9351. Distribution. B (AEPUBS) (Germany only). 1 AE Pam 360-6 ● 20 Sep 05 CONTENTS Section I INTRODUCTION 1. Purpose 2. References 3. Explanation of Abbreviations 4. General Section II GETTING STARTED 5.
    [Show full text]
  • Annual Report 2018/19 of the German Council of Economic Experts (GCEE)
    1 © 2019 Institute for Monetary and Financial Stability Goethe University Frankfurt House of Finance Theodor-W.-Adorno-Platz 3 60323 Frankfurt am Main Tel.:+49 (0)69 798-33805 www.imfs-frankfurt.de PHOTOS IMFS / Hannelore Förster, German Council of Economic Experts, Hoover Institution / Tim Griffith, Kronberger Kreis DESIGN www.werbe-freiheit.com 2 Table of Contents 5 Highlights 2018 10 Institute and Staff 11 I. The Institute 15 II. The IMFS in Numbers 16 III. Macroeconomic Model Comparison Initiative (MMCI) 18 IV. External Research Funding 21 V. Member of the European Banking Institute 22 VI. The Researchers 35 VII. Organization Chart 36 Conversations with IMFS Researchers and Alumni 42 Teaching Concept and Activities 51 Publications and Presentations 52 I. IMFS Working Papers 54 II. IMFS Interdisciplinary Studies 55 III. Publications 60 IV. Speeches and Conference Presentations 67 Events 69 I. Conferences 82 II. Working Lunches 86 II. Distinguished Lectures 88 Research-Based Policy Advice 91 Public Outreach and Press 3 Editorial Dear friends of the IMFS, Having obtained financing for another 10-year At the same time, this open platform, where period in the preceding year, the IMFS made scientists can share formulas and code and another leap forward in 2018: Roland Broemel replicate models, represents the nucleus of and Alexander Meyer-Gohde were appointed a key international research initiative: the as IMFS professors and now contribute their Macroeconomic Model Comparison Initiative expertise in public law and financial regulation (MMCI), a joint project led by the Hoover and in macroeconomics and financial markets, Institution at Stanford University and the IMFS.
    [Show full text]
  • 1. Evaluation of the Judicial Systems (2016-2018 Cycle) Germany Generated on : 29/08/2018 11:17
    1. Evaluation of the judicial systems (2016-2018 cycle) Germany Generated on : 29/08/2018 11:17 Reference data 2016 (01/01/2016 - 31/12/2016) Start/end date of the data collection campaign : 01/06/2017 - 31/12/2017 Objective : The CEPEJ decided, at its 28th plenary meeting, to launch the seventh evaluation cycle 2016 – 2018, focused on 2016 data. The CEPEJ wishes to use the methodology developed in the previous cycles to get, with the support of its national correspondents' network, a general evaluation of the judicial systems in the 47 member states of the Council of Europe as well as two observer states (Israel and Morocco). This will enable policy makers and judicial practitioners to take account of such unique information when carrying out their activities. The present questionnaire was adapted by the Working group on evaluation of judicial systems (CEPEJ-GT-EVAL) in view of the previous evaluation cycles and considering the comments submitted by CEPEJ members, observers, experts and national correspondents. The aim of this exercise is to increase awareness of judicial systems in the participating states, to compare the functioning of judicial systems in their various aspects, as well as to have a better knowledge of the trends of the judicial organisation in order to help improve the efficiency of justice. The evaluation questionnaire and the analysis of the results becomes a genuine tool in favour of public policies on justice, for the sake of the European citizens. Instruction : The ways to use the application and to answer the questions are guided by two main documents: -User manual -Explanatory note While the explanatory note gives definitions and explanations on the CEPEJ evaluation questionnaire and the methodology needed for replying, the User manual is a tool to help you navigate through this application.
    [Show full text]
  • Basic Law for the Federal Republic of Germany
    0855_Cover_GG-Englisch_DBT_RZ.in1 1 20.10.2010 11:59:06 Uhr Basic Law for the Federal Republic of Germany Print version last amended on 23 December 2014 Translators: Professor Christian Tomuschat and Professor David P. Currie, Professor Donald P. Kommers in cooperation with the Language Service of the German Bundestag Contents Preamble 13 I. Basic Rights 14 Art. 1 [Human dignity – Human rights – Legally binding force of basic rights] 15 Art. 2 [Personal freedoms] 15 Art. 3 [Equality before the law] 15 Art. 4 [Freedom of faith and conscience] 15 Art. 5 [Freedom of expression, arts and sciences] 16 Art. 6 [Marriage – Family – Children] 16 Art. 7 [School system] 17 Art. 8 [Freedom of assembly] 17 Art. 9 [Freedom of association] 18 Art. 10 [Privacy of correspondence, posts and telecommunications] 18 Art. 11 [Freedom of movement] 19 Art. 12 [Occupational freedom] 19 Art. 12a [Compulsory military and alternative civilian service] 19 Art. 13 [Inviolability of the home] 21 Art. 14 [Property – Inheritance – Expropriation] 22 Art. 15 [Socialisation] 22 Art. 16 [Citizenship – Extradition] 23 Art. 16a [Right of asylum] 23 Art. 17 [Right of petition] 24 Art. 17a [Restriction of basic rights in specific instances] 24 Art. 18 [Forfeiture of basic rights] 25 Art. 19 [Restriction of basic rights – Legal remedies] 25 II. The Federation and the Länder 26 Art. 20 [Constitutional principles – Right of resistance] 27 Art. 20a [Protection of the natural foundations of life and animals] 27 Art. 21 [Political parties] 27 Art. 22 [Federal capital – Federal flag] 28 Art. 23 [European Union – Protection of basic rights – Principle of subsidiarity] 28 Art.
    [Show full text]
  • The Federal Supreme Finance Court
    Der Bundesfinanzhof The Federal Supreme Finance Court (English Edition) Contents I. Introduction 4 II. The history of the Federal Supreme Finance Court 1. The period up to 1918 7 2. Establishment of the Reich Supreme Finance Court 8 3. The period from 1933 to 1945 12 4. The Presidents of the Reich Supreme Finance Court 12 5. The Supreme Fiscal Court 13 6. Establishment of the Federal Supreme Finance Court 13 7. The Presidents of the Federal Supreme Finance Court 14 III. The structure of fiscal jurisdiction 1. The arrangement of courts in the Federal Republic of Germany 16 2. Fiscal jurisdiction 17 IV. The organisation of the Federal Supreme Finance Court 1. The individual senates 20 2. The Large Senate 22 3. The Joint Senate of the Supreme Federal Courts 23 V. Procedure at the Federal Supreme Finance Court 1. The individual remedies a) Revision 24 b) Appeals against denial of leave to appeal 25 c) Objections 25 d) Applications 26 2. Compulsory representation 26 3. Parties to the proceedings 26 VI. How cases are handled at the Federal Supreme Finance Court 1. Registration and preliminary handling 29 2. Preparation of proceedings 29 3. Deliberation and voting 30 4. Decisions 30 5. Announcements of the decisions 33 VII. The workload of the Federal Supreme Finance Court Settlement and duration of cases 34 VIII. Significance of Federal Supreme Finance Court decisions; their publication 1. Adjudication on specific cases 36 2. Leading decisions 36 3. Publication a) Decisions bound for publication 37 b) Decisions not bound for publication 38 c) Pending proceedings 39 IX.
    [Show full text]
  • Country Compendium
    Country Compendium A companion to the English Style Guide July 2021 Translation © European Union, 2011, 2021. The reproduction and reuse of this document is authorised, provided the sources and authors are acknowledged and the original meaning or message of the texts are not distorted. The right holders and authors shall not be liable for any consequences stemming from the reuse. CONTENTS Introduction ...............................................................................1 Austria ......................................................................................3 Geography ................................................................................................................... 3 Judicial bodies ............................................................................................................ 4 Legal instruments ........................................................................................................ 5 Government bodies and administrative divisions ....................................................... 6 Law gazettes, official gazettes and official journals ................................................... 6 Belgium .....................................................................................9 Geography ................................................................................................................... 9 Judicial bodies .......................................................................................................... 10 Legal instruments .....................................................................................................
    [Show full text]
  • The German Bundestag Functions and Procedures
    Linn Sobolewski The German Bundestag Functions and procedures 18th electoral term LINN · SOBOLEWSKI THE GERMAN BUNDESTAG – FUNCTIONS AND PROCEDURES – THE GERMAN BUNDESTAG – FUNCTIONS AND PROCEDURES – Organisation and working methods The legislation of the Federation by Susanne Linn and Frank Sobolewski Ku¨rschners Politikkontakte Susanne Linn heads the Parliament and Members Directorate-General of the Administration of the German Bundestag. Frank Sobolewski is head of the Parliamentary Services Directorate. Translated by: Language Service of the German Bundestag, in cooperation with Emma Hardie Typeset by: Schro¨der Media GbR, Dernbach Lithographs by: graphica, Neuwied Produced by: GGP Media GmbH, Po¨ßneck Photographs by: Bildpixel / Pixelio.de (Paul Lo¨be Building), Stephan Gu¨nzel / Pixelio.de (Marie- Elisabeth Lu¨ders Building), Deutscher Bundestag / Simone M. Neumann (Reichstag Building), Deutscher Bundestag / Achim Melde (plenary chamber, swearing-in of Angela Merkel, swear- ing-in of Manuela Schwesig, Bundestag Presidium, committee, ballot using voting cards, polling booth), Deutscher Bundestag / Thomas Trutschel / photothek.net (government seats, opposition) Further information: www.ndv.info ISBN 978-3-87576-783-4 ° 2015 by NDV GmbH & Co. KG, Rheinbreitbach Any use of this work, including of individual sections, outside the strict limits of the Copyright Act is prohibited without the publisher’s express permission; this applies in particular to repro- ductions of any kind and to saving and processing in electronic systems. Table of Contents Introduction ................................ 7 1. Organisation and working methods ................ 9 Elections and composition ......................... 9 The Members .............................. 10 The parliamentary groups ........................ 17 The Bundestag’s constituent meeting ................. 21 Election of the Federal Chancellor ................... 24 The organs of the Bundestag .......................
    [Show full text]
  • Germany's Constitution of 1949 with Amendments Through 2012
    PDF generated: 26 Aug 2021, 16:29 constituteproject.org Germany's Constitution of 1949 with Amendments through 2012 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:29 Table of contents Preamble . 8 I. Basic Rights . 8 Article 1: [Human dignity - Human rights - Legally binding force of basic rights] . 8 Article 2: [Personal freedoms] . 8 Article 3: [Equality before the law] . 8 Article 4: [Freedom of faith and conscience] . 8 Article 5: [Freedom of expression, arts and sciences] . 9 Article 6: [Marriage - Family - Children] . 9 Article 7: [School system] . 9 Article 8: [Freedom of assembly] . 9 Article 9: [Freedom of association] . 10 Article 10: [Privacy of correspondence, posts and telecommunications] . 10 Article 11: [Freedom of movement] . 10 Article 12: [Occupational freedom] . 10 Article 12a: [Compulsory military and alternative civilian service] . 11 Article 13: [Inviolability of the home] . 11 Article 14: [Property - Inheritance - Expropriation] . 12 Article 15: [Socialisation] . 12 Article 16: [Citizenship - Extradition] . 12 Article 16a: [Right of asylum] . 13 Article 17: [Right of petition] . 13 Article 17a: [Restriction of basic rights in specific instances] . 13 Article 18: [Forfeiture of basic rights] . 14 Article 19: [Restriction of basic rights - Legal remedies] . 14 II. The Federation and the Länder . 14 Article 20: [Constitutional principles - Right of resistance] . 14 Article 20a: [Protection of the natural foundations of life and animals] . 14 Article 21: [Political parties] . 15 Article 22: [Federal capital - Federal flag] . 15 Article 23: [European Union - Protection of basic rights - Principle of subsidiarity] .
    [Show full text]
  • Mutual Confidence in the European Union - Report to the General Assembly on the 6Th/7Th June 2007
    ENCJ Working Group on strengthening mutual confidence in the European Union - Report to The General Assembly on the 6th/7th June 2007 At the annual conference of the European Network of Councils for the Judiciary in Wroclaw on 25 - 26 May, 2006, the General Assembly decided to establish six Working Groups. The topics of the Working Groups resulted from the interactive sessions which were organised on the first day of the Conference. The Working Group on Strengthening Mutual Confidence was established to consider methods of strengthening mutual confidence amongst the members of the European Network of Councils for the Judiciary. Membership of the Working Group is set out in Appendix A, attached to this document. Terms of Reference It was noted that the work of the group would include: Clarification of the meaning of the term 'mutual confidence' Meeting representatives of the European Commission Considering the reality of mutual confidence from the point of view of the judicial decision maker Considering methods of assisting the development of mutual confidence amongst the judiciary of the European Union Objective It was envisaged that the objective would be to advise on methods of developing information, contacts and systems to enable the growth of mutual confidence amongst the judiciary in the European Union. Result A result anticipated of this Working Group was to present to the next General Assembly: 1. Suggestions on methods of developing mutual confidence and mutual co-operation between members of the judiciary in the European Member States. 2. Suggestions on methods by which the ENCJ could provide relevant expertise to the EU institutions.
    [Show full text]
  • Labour & Employment Law Newsletter
    FOCUS Mobile Working Labour & Employment Law Newsletter Issue 3, 2020 Legal and tax advice | www.luther-lawfirm.com Content ■ EDITORIAL Mobile working – opportunities, risks and options for employees and companies ..................................................................... 4 Crowdworking: between self-employment and dependence ..................................................................................................... 9 ■ JUDGMENT REVIEWS Working time subject to remuneration – travel time ...................................................................................................................13 Group works agreement continues to be valid after the company leaves the group .................................................................15 Continued payment of wages in the event of illness during continued employment ..................................................................17 Violation of reporting obligations in the case of continued illness may entitle to termination ....................................................19 Equal company pension treatment .............................................................................................................................................21 Interpretation of a court settlement – payroll accounting .......................................................................................................... 22 ■ CASE LAW IN A NUTSHELL ■ GENERAL INFORMATION Authors of this issue .................................................................................................................................................................
    [Show full text]