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Selected Issues of International Jurisdiction in the Practice of the Federal Court of Justice of Federal Republic of Germany (Commentary to the Judgment of the Federal Court on 29 March 2011)
Published 2011-12-01“…In the judgment of the Federal Court of Justice of Federal Republic of Germany on 29 March 2011 published hereunder is presented its attitude concerning jurisdiction over the disputes from the publications in the Internet. …”
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REGIONAL CONSTITUTIONAL JUSTICE IN THE RUSSIAN FEDERATION: CURRENT PROBLEMS AND THEIR SOLUTIONS
Published 2019-10-01Subjects:Article -
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Preclusion in German administrative proceedings
Published 2019-09-01Subjects: Get full text
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Legal aid in Germany
Published 2020-01-01“…The article is devoted to problems of institute of legal aid in German civil procedure law.The purpose of the article is to confirm or disprove hypothesis that financial support is the main but not exclusive form of legal aid in Germany.The methodology of the study includes analysis and synthesis of German civil procedure legislation, description of decisions of German Federal Court of Justice and interpretation of legal studies concerning legal aid issues.The main results and scope of their application. …”
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On the Competence Conflicts between the Constitutional Courts of the EU Member States and the Court of Justice of the EU
Published 2023-03-01“…This discourse has rather recently received an extraordinary impetus when Federal Constitutional Court of Germany (FCC) handed down its judgment in Weiss. …”
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The Judicial Geography of Patent Litigation in Germany: Implications for the Institutionalization of the European Unified Patent Court
Published 2023-05-01“…Adopting a legal geography perspective, we examine the appellate process as a mechanism that reconciles regional variation in court practices. Based on more than 100 decisions from 34 contentious litigations that went through all instances up to the Federal Court of Justice between 2005 and 2019, we find that decision reversals, case citations and guiding principles are important tools to improve error correction and judicial consistency within an IP system. …”
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The European Central Bank and the German Constitutional Court: Police Patrols and Fire Alarms
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Prohibition of Discrimination on Grounds of Nationality in the Freedom of Movement of Persons within the EU in the Light of Case Law of the Court of Justice of the European Union
Published 2021-08-01“… [7] CJEU Judgement of 18 June 2019, Republic of Austria v Federal Republic of Germany, Case C-591/17, ECLI:EU:C:2019:504, pt 41…”
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Proportionality in the PSPP Saga: Why Constitutional Pluralism Is Here to Stay and Why the Federal Constitutional Court Did not Violate the Rules of Loyal Conduct
Published 2022-03-01“…| (Abstract) In May 2020, for the first time in its history, the Federal Constitutional Court (FCC) of Germany declared Union acts as being ultra vires. …”
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Training and Recruitment of Judges in Germany
Published 2013-10-01“…</span></p><p class="MsoNoSpacing"><span style="mso-ansi-language: EN-GB;" lang="EN-GB"> </span></p><p class="MsoNoSpacing"><span style="mso-ansi-language: EN-GB;" lang="EN-GB">Germany, as a rule, has career judges. Courts of first and second instance are administered by the Länder, therefore the Länder judicial administrations are also responsible for recruitment of young career judges. …”
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Reflections About the Administrative Process in Modern Russia
Published 2021-10-01“…An attempt to create administrative courts in the Russian Federation is analyzed and evaluated. …”
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Recognition of foreign decrees of divorce in the German legal system
Published 2023-04-01“…The article is based on the Act of the Federal Republic of Germany of 2009 on Proceedings in Family Matters and on the Family Law Reform Act of the Federal Republic of Germany of 1961, as well as both on the case law to the application of these Acts and on the German legal doctrine which analyzes it. …”
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Article 260 TFEU Sanctions in Multi-Tiered Member States
Published 2015-11-01“…This article approaches this question both from the perspective of the Commission and the Court of Justice, as well as from the vantage point of the central and regional governments involved. …”
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The ‘Last Resort’: A Moral and/or Legal Principle?
Published 2013-01-01“…<p>The paper addresses critically the constitutional status of the so-called ‘last resort’ principle on three different levels: in the jurisprudence of the Federal Constitutional Court of Germany, in the criminal justice principles at a European level, and, finally, in select human rights instruments at a global level. …”
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Does Investor-State Dispute Settlement Discriminate Against Nationals?
Published 2020-02-01“…The complaint that ISDS is discriminatory as a matter of principle has surfaced before several European constitutional courts—including the German Federal Constitutional Court and the European Court of Justice—in connection with the ratification of the Comprehensive Economic and Trade Agreement between Canada and the European Union (“CETA”). …”
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