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Following the ECJ’s opinion, contemporary commentators worried that the German Constitutional Court would challenge its primacy. [2] Nevertheless, the GFCC accepted the ECJ’s verdict, acknowledging that the Court of Justice conducted the requisite proportionality analysis and “set binding limits for any implementation of the OMT programme.” [4] Although the ECJ had not explicitly ...
Proportionality is a general principle in law which covers several separate (although related) concepts: . The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the ...
The law of Germany (German: Recht Deutschlands), that being the modern German legal system (German: deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code (Bürgerliches Gesetzbuch, or BGB) were developed prior to ...
When Germany was divided into a democratic capitalist state in the West and a socialist state in the East after World War II, the BGB continued to regulate the civil law in both parts of Germany. Over time the BGB regulations were replaced in East Germany by new laws, beginning with a family code in 1966 and ending with a new civil code ...
Degressive proportionality is intermediate between those two approaches. Degressive proportionality can be achieved through various methods, and the term does not describe any one particular formula. Any system that reserves a minimum number of seats for a sub-body is to some extent degressively proportional. [citation needed]
The Basic Law for the Federal Republic of Germany [1] (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany.. The West German Constitution was approved in Bonn on 8 May 1949 and came into effect on 23 May after having been approved by the occupying western Allies of World War II on 12 May.
In the case of Meadows v Minister for Justice, Equality, and Law Reform [2010] IESC 3; [2010] 2 IR 701; [2011] 2 ILRM 157, the Supreme Court of Ireland found that the proportionality test should be used when reviewing administrative actions that implicate fundamental rights protected by both the Irish Constitution and the European Convention on Human Rights.
The case is important because it addresses what appears to be one of the most difficult challenges facing the acceptance of the supremacy of European law within the German legal order, that is, the possibility of conflict between a European law obligation and a fundamental right protected by the German Constitution.