Germany

Derecho Constitucional / Constitucional Law

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Germany court upholds rent control regulations

Source: Jurist

August 20, 2019

 The Federal Constitutional Court of Germany ruled unanimously Tuesday that the Tenancy Law Amendment Act (Act) regulations, which regulate the amount of rent a landlord can charge at the beginning of a rental period, are constitutional.

The court held that these regulations “do not violate the guarantee of property, freedom of contract or the general principle of equality,” ruling against a complaint alleging that these regulations were unconstitutional.

The claim was referred to the Constitutional Court by a district court, which asked the Constitutional Court to decide whether the regulations under the Act were “incompatible with the general principle of equality” and with the constitution. The claim was brought by a landlord in Berlin who was seized by her tenant because “the rent agreed at the beginning of the lease exceeded the maximum allowable rent.”

The court ruled that the regulation of rent at the beginning of the lease period does not violate the landlord’s right to the guarantee of ownership, freedom of contract and the general principle of equality. In addition, these regulations are in the public interest as they “counteract the displacement of economically less efficient population groups from highly sough-after neighborhoods.”

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Derecho Internacional / International Law

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The European Court of Justice rules Germany Autobahn toll is unconstitutional            

Source: Jurist

June 20, 2019

The European Court of Justice (ECJ) held on Tuesday that a German law instituting a toll to use the German Autobahn violated European Union law because the law discriminated based on nationality.

The German law would charge a fee to both German citizens and foreign nationals. However, under the law German citizens would qualify for a rebate while foreign nationals would not.

Every owner of a vehicle registered in Germany will have to pay the charge, in the form of an annual vignette, of no more than €130. For vehicles registered abroad, payment of the charge will be required (of the owner or the driver) for use of the German motorways. In that regard, a 10 day vignette is available costing between €2.50 and € 25, a 2 month period costing between €7 and €50 and annual vignettes are available, at no more than a maximum of €130.

In parallel, Germany has provided that, from the revenue from the infrastructure use charge, the owners of vehicles registered in Germany will qualify for relief from the motor vehicle tax to an amount that is at least equivalent to the amount of the charge that they will have had to pay.

The ECJ ruled that such a policy indirectly discriminated against non-German citizens. Therefore, the effect of the law would fall solely on Autobahn users from other states. Further, the law would restrict the free movement of goods and the freedom to provide services.

In today’s judgment, the Court finds that the infrastructure use charge, in combination with the relief from motor vehicle tax enjoyed by the owners of vehicles registered in Germany, constitutes indirect discrimination on grounds of nationality and is in breach of the principles of the free movement of goods and of the freedom to provide services.

Austria, who originally brought the case, was supported by Netherlands while Germany was supported by Denmark.

Derecho Constitucional / Constitucional Law

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alemaniaGermany court rules wife of mother not automatically child’s legal parent      

Source: Jurist

October 31, 2018

The German Federal Court of Justice ruled in a judgment published Tuesday that the wife of a mother is not automatically deemed the legal co-parent of a newborn child, finding that the paternity law of the German Civil Code only applies to male-female couples. Leer el resto de esta entrada »

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Call for Engaged Listeners: Conference on “Politics and the Histories of International Law”      

Source: International Law Reporter

August 09, 2018

The Journal of the History of International Law has issued a call for engaged listeners for its conference on “Politics and the Histories of International Law,” which will take place February 15-16, 2019, at the Max Planck Institute for Comparative Public Law and International Law, in Heidelberg. Leer el resto de esta entrada »

Derecho Constitucional / Constitucional Law

Posted on Actualizado enn

alemaniaGermany constitutional court declares country’s property tax regime unconstitutional             

Source: Jurist

April 11, 2018

[JURIST] Germany’s constitutional court, the Bundesverfassungsgericht [official site], ruled[decision, in German] the property tax regime in west Germany to be unconstitutional on Tuesday, citing the the current unitary valuations as violating the fundamental right to equal treatment under German Basic Law [text]. Leer el resto de esta entrada »

Derecho Administrativo / Administrative Law

Posted on Actualizado enn

alemaniaGermany high court allows cities to restrict diesel vehicles   

Source: Jurist

February 27, 2018

[JURIST] Germany’s Federal Administrative Court[official website, in German] in Leipzig ruled [press release, in German] Tuesday that cities have the right to restrict the use of some diesel vehicles based on emissions. Leer el resto de esta entrada »

Derecho Constitucional / Constitucional Law

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alemaniaViolation of a party’s right to equal opportunities in the political competition by a press release issued by a Federal Minister

Source: Bundesverfassungsgericht

February 27, 2018

-Germany-

If with regard to a political event organised by a political party, state organs give a negative assessment that is capable of having a deterrent effect and thereby influence the behaviour of persons who are potential participants in the event, this interferes with the right of the party concerned to equal opportunities under Art. 21(1) first sentence of the Basic Law (Grundgesetz – GG). This holds true not only during election campaigns. Leer el resto de esta entrada »