Tag #Bundesverfassungsgericht

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zeit.de

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Sep 23, 01:19

Bundestag to Revote on Three Federal Constitutional Court Judges

The German Bundestag will revote on three Federal Constitutional Court judges after a previous attempt failed due to internal disagreements, particularly within the Union faction regarding one candidate's stance on abortion and mandatory vaccination.

Bundestag to Revote on Three Federal Constitutional Court Judges

The German Bundestag will revote on three Federal Constitutional Court judges after a previous attempt failed due to internal disagreements, particularly within the Union faction regarding one candidate's stance on abortion and mandatory vaccination.

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What are the main obstacles to confirming the three candidates for the Federal Constitutional Court?

The main obstacle is securing the necessary two-thirds majority in the Bundestag. Disagreements within the Union faction initially led to the withdrawal of one candidate, Frauke Brosius-Gersdorf. Now, securing votes from opposition parties, particularly the Greens and Left party, is crucial for the coalition to succeed.

welt.de

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Jul 26, 07:11

Karlsruhe braces for sixth large gathering of German "Reichsbürger" and "Selbstverwalter

Today, in Karlsruhe, near Germany's Federal Constitutional Court, approximately 4,200 "Reichsbürger" and "Selbstverwalter", who reject the German state, will hold their sixth large meeting from 12 pm to 8 pm, marching through the city from 4 pm to 6 pm; while the scene is diverse and lacks a unified...

Karlsruhe braces for sixth large gathering of German "Reichsbürger" and "Selbstverwalter

Today, in Karlsruhe, near Germany's Federal Constitutional Court, approximately 4,200 "Reichsbürger" and "Selbstverwalter", who reject the German state, will hold their sixth large meeting from 12 pm to 8 pm, marching through the city from 4 pm to 6 pm; while the scene is diverse and lacks a unified...

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What are the underlying ideological differences and unifying factors within the "Reichsbürger" and "Selbstverwalter" movement?

These meetings, described as "large meetings," represent a notable increase in public activity for the usually less visible "Reichsbürger" and "Selbstverwalter" movement. The gatherings' high mobilization potential, attracting participants from across Germany, is considered exceptional by authorities. The events are characterized by a diversity of ideological views within the movement itself.

welt.de

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Jul 14, 16:12

German Coalition Faces Crisis Over Judicial Candidate

Internal disagreements within the Union bloc led to the failure to confirm a judicial candidate, raising concerns about the stability of the German coalition government.

German Coalition Faces Crisis Over Judicial Candidate

Internal disagreements within the Union bloc led to the failure to confirm a judicial candidate, raising concerns about the stability of the German coalition government.

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What factors within the Union faction contributed to the vote's failure?

The incident involving Judge Brosius-Gersdorf is directly linked to a perceived lack of internal discipline within the Union bloc, highlighting the potential fragility of the current government coalition. The failure to deliver on the previously agreed-upon support for the candidate threatens broader trust within the coalition. This reflects a deeper concern regarding the Union's capacity to resolve internal conflicts and uphold its commitments within the coalition agreement.

faz.net

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Feb 3, 16:10

Study Reveals Decreasing Role of Proportionality in German Constitutional Court Decisions

A study analyzing 300 German Federal Constitutional Court decisions (1951-2020) found a decreasing average space dedicated to proportionality review within judgments, despite its frequent use; the research, published in "Der Staat," utilized quantitative methods but faced methodological limitations ...

Study Reveals Decreasing Role of Proportionality in German Constitutional Court Decisions

A study analyzing 300 German Federal Constitutional Court decisions (1951-2020) found a decreasing average space dedicated to proportionality review within judgments, despite its frequent use; the research, published in "Der Staat," utilized quantitative methods but faced methodological limitations ...

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What is the main finding of the study regarding the role of proportionality review in German constitutional court decisions from 1951 to 2020?

A recent study analyzed 300 German Federal Constitutional Court decisions (1951-2020), revealing that while proportionality review is frequently addressed, its average space within judgments is decreasing. The study, published in "Der Staat," focused on the four proportionality stages, with 'appropriateness' consuming the most space, followed by 'purpose.'

welt.de

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Aug 2, 04:14

SPD Urges Union to Reconsider Judicial Appointment Amidst Coalition Tensions

The SPD is pressing the Union to reconsider its rejection of Frauke Brosius-Gersdorf for a Bundesverfassungsgericht post, despite significant resistance within the Union. The deadlock highlights tensions within the ruling coalition and threatens to delay judicial appointments.

SPD Urges Union to Reconsider Judicial Appointment Amidst Coalition Tensions

The SPD is pressing the Union to reconsider its rejection of Frauke Brosius-Gersdorf for a Bundesverfassungsgericht post, despite significant resistance within the Union. The deadlock highlights tensions within the ruling coalition and threatens to delay judicial appointments.

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How did the selection process for the Bundesverfassungsgericht judges lead to the current stalemate?

The deadlock over three Bundesverfassungsgericht appointments highlights tensions within Germany's governing coalition. The Union's opposition to Brosius-Gersdorf, despite a bipartisan committee recommendation, threatens to disrupt the judicial appointment process and underscores broader political divisions. Proposals for a complete restart of the process suggest a significant rift between the coalition partners.

taz.de

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Jul 16, 10:10

German Court Nomination Fails Amidst Right-Wing Pressure

Following a campaign by right-wing fundamentalists and media criticism, the Bundestag dropped the nomination of jurist Frauke Brosius-Gersdorf to the Federal Constitutional Court; Brosius-Gersdorf is now considering withdrawing her candidacy to avoid damaging the court's reputation and contributing ...

German Court Nomination Fails Amidst Right-Wing Pressure

Following a campaign by right-wing fundamentalists and media criticism, the Bundestag dropped the nomination of jurist Frauke Brosius-Gersdorf to the Federal Constitutional Court; Brosius-Gersdorf is now considering withdrawing her candidacy to avoid damaging the court's reputation and contributing ...

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How did the media coverage and the campaign by right-wing fundamentalists contribute to the withdrawal of Brosius-Gersdorf's nomination from the Bundestag?

The failed nomination highlights the influence of political pressure and targeted campaigns on judicial appointments. Brosius-Gersdorf's potential withdrawal underscores the vulnerability of the judicial process to external forces and the impact this has on the independence of the court. This incident raises concerns about the integrity of the selection process and the potential for partisan influence.

taz.de

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Mar 13, 22:12

BSW's Close Call: Lawsuit for Recount After Narrowly Missing Bundestag Entry

The Bündnis Sahra Wagenknecht (BSW) party narrowly missed entering the German Bundestag in the recent election, receiving 4.97% of the votes, and subsequently filed a lawsuit for a recount, despite experts considering the chances of success low.

BSW's Close Call: Lawsuit for Recount After Narrowly Missing Bundestag Entry

The Bündnis Sahra Wagenknecht (BSW) party narrowly missed entering the German Bundestag in the recent election, receiving 4.97% of the votes, and subsequently filed a lawsuit for a recount, despite experts considering the chances of success low.

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What were the immediate consequences of the BSW's failure to reach the 5% threshold in the German Bundestag election?

The German party, Bündnis Sahra Wagenknecht (BSW), missed entering the Bundestag by a narrow margin, receiving 4.97% of the votes, falling short of the 5% threshold. They filed a lawsuit for a recount, claiming evidence suggests they surpassed the threshold, but an independent election service doubts this will change the outcome. The Federal Constitutional Court's decision is pending.

zeit.de

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Dec 18, 16:15

German Court Upholds Signature Requirement for Smaller Parties in Federal Election

Germany's Federal Constitutional Court rejected the Ökologisch-Demokratische Partei's (ÖDP) challenge to the signature requirement for smaller parties in the upcoming federal election, ruling that it doesn't violate equal opportunity; the ÖDP must collect the required signatures by January 20th.

German Court Upholds Signature Requirement for Smaller Parties in Federal Election

Germany's Federal Constitutional Court rejected the Ökologisch-Demokratische Partei's (ÖDP) challenge to the signature requirement for smaller parties in the upcoming federal election, ruling that it doesn't violate equal opportunity; the ÖDP must collect the required signatures by January 20th.

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How does the court's justification for upholding the signature requirement relate to the broader principles of electoral fairness and the role of smaller parties in the German political system?

The court's decision upholds a long-standing practice aimed at limiting the number of candidates to ensure the election's integrity as a process of political will-formation. The signature requirement serves as a threshold, suggesting a minimum level of support and viability for a party's candidacy. This ruling allows for differentiated treatment, exempting established parliamentary parties from this requirement.

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