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Fundamental Rights In The German Constitution
{{Short description, Set of rights guaranteed to everyone in Germany Fundamental Rights in the Federal Republic of Germany (''German: Grundrechte'') are a set of rights guaranteed to everyone in Germany and partially to German people only through their Federal Constitution, the ''Grundgesetz'' and the constitutions of some of the States of Germany. In the Federal Constitution, the majority of the ''Grundrechte'' are contained in the first title, Articles 1 to 19 of the Grundgesetz (GG). These rights have constitutional status, binding each of the country's constitutional institutions. In the event that these rights are violated and a remedy is denied by other courts, the constitution provides for an appeal to the Federal Constitutional Court (''Bundesverfassungsgericht'') (Art. 93 Abs. I Nr. 4a GG). According to this article, the Constitutional Court is entitled to hear appeals concerning not just the ''Grundrechte'' contained in Arts. 1-19, but also Art. 20 Abs. I, 33, 38, 101 ...
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Freedom Of Association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organizatio ...
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Human Rights In Germany
Human rights in Germany enjoy a high level of protection, both in theory and in practice, and are enshrined in the '' Grundgesetz''. The country has ratified most international human rights treaties. Reports from independent organizations such as Amnesty International certify a high level of compliance with human rights, while still pointing out several issues, in particular police brutality and mistreatment of refugees. The 2008 Freedom in the World report by US-funded Freedom House gives Germany a score of "1" (the best possible) for both political rights and civil liberties. Law The constitution of Germany, the '' Grundgesetz'', which came into effect on May 23, 1949, puts a particular emphasis on human rights. Its first sentence, "Human dignity is inviolable", is being interpreted as protecting the sum of human rights. This paragraph is protected by an " eternity clause" and cannot be changed. It has wide-ranging effects on judicial practice; for example, it has been used to ...
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Treaty On The Functioning Of The European Union
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the Treaties of the European Union, constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishing the European Community (TEC). The Treaty originated as the Treaty of Rome (fully the ''Treaty establishing the European Economic Community''), which brought about the creation of the European Economic Community (EEC), the best-known of the European Communities (EC). It was signed on 25 March 1957 by Belgium, French Fourth Republic, France, Italy, Luxembourg, the Netherlands and West Germany and came into force on 1 January 1958. It remains one of the Treaties of the European Union, two most important treaties in the modern-day European Union (EU). Its name has been amended twice since 1957. The Maastricht Treaty of 1992 removed the word "economic" from the Treaty of Rome's official title and, in 2009, the ...
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Citizenship Of The European Union
European Union citizenship is afforded to all citizens of Member state of the European Union, member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additional to, as it does not replace, national citizenship. It affords EU citizens with rights, freedoms and legal protections available under European Union law, EU law. EU citizens have freedom of movement, and the freedom of settlement and Freedom of movement for workers in the European Union, employment across the EU. They are free to trade and transport goods, services and capital through EU state borders, with no restrictions on capital movements or fees. EU citizens have the right to vote and run as a candidate in certain (often local) elections in the member state where they live that is not their state of origin, while also voting for Elections to the European Parliament, EU elections and participating ...
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German Nationality Law
German nationality law details the conditions by which an individual holds German nationality. The primary law governing these requirements is the Nationality Act, which came into force on 1 January 1914. Germany is a member state of the European Union (EU) and all German nationals are EU citizens. They have automatic and permanent permission to live and work in any EU or European Free Trade Association (EFTA) country and may vote in elections to the European Parliament. Any person born to a married German parent is typically a German national at birth, regardless of the place of birth. Children of unmarried couples in which only the father is German must be legitimised for them to acquire German nationality. Individuals born in Germany to two foreign parents may also receive German nationality at birth if at least one of their parents has lived in the country for eight years and is entitled to live in the country indefinitely (meaning any person with a settlement permit, or ...
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Right To Work
The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized in international human rights law through its inclusion in the International Covenant on Economic, Social and Cultural Rights, where the right to work emphasizes economic, social and cultural development. Right to work was also enshrined as a fundamental right of the citizen in the constitution of the Soviet Union. The Human Rights Measurement Initiative measures the right to work for countries around the world, based on their level of income. Definition The Universal Declaration of Human Rights states in Article 23.1: The International Covenant on Economic, Social and Cultural Rights states in Part III, Article 6: The African Charter on Human and Peoples' Rights also recognises the right, emphasising conditions and pay, i.e. labor ...
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Right Of Abode
The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction, and is immune from removal and deportation (unless the right of abode has been revoked). Generally, in order to have the right of abode in a certain country, a person must be a citizen of that country. However, some countries grant the right of abode for qualified non-citizens. This is distinct with the commonly-called ''right to land'', ''right to live'' or ''right of residence'', e.g. with permanent residency of the country generally have a ''de facto'' right of residence, but it can be revoked in certain circumstances (unlike a citizenship which can only be revoked in very limited circumstances such as fraud or national security concern), for example for being convicted of crimes, or in some countries, prolonged absence ...
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Freedom Of Assembly
Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ideas. The right to freedom of association is recognized as a human right, a political right and a civil liberty. The terms ''freedom of assembly'' and ''freedom of association'' may be used to distinguish between the freedom to assemble in public places and the freedom to join an association. Freedom of assembly is often used in the context of the right to protest, while freedom of association is used in the context of labor rights and in the Constitution of the United States is interpreted to mean both the freedom to assemble and the freedom to join an association. Human rights instruments Freedom of assembly is included in, among others, the following human rights instruments: * Universal Declaration of Human Rights – Article 20 * Inte ...
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Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated between the Baltic and North seas to the north, and the Alps to the south; it covers an area of , with a population of almost 84 million within its 16 constituent states. Germany borders Denmark to the north, Poland and the Czech Republic to the east, Austria and Switzerland to the south, and France, Luxembourg, Belgium, and the Netherlands to the west. The nation's capital and most populous city is Berlin and its financial centre is Frankfurt; the largest urban area is the Ruhr. Various Germanic tribes have inhabited the northern parts of modern Germany since classical antiquity. A region named Germania was documented before AD 100. In 962, the Kingdom of Germany formed the bulk of the Holy Roman Empire. During the 16th ce ...
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Bundestag
The Bundestag (, "Federal Diet") is the German federal parliament. It is the only federal representative body that is directly elected by the German people. It is comparable to the United States House of Representatives or the House of Commons of the United Kingdom. The Bundestag was established by Title III of the Basic Law for the Federal Republic of Germany (, ) in 1949 as one of the legislative bodies of Germany and thus it is the historical successor to the earlier Reichstag. The members of the Bundestag are representatives of the German people as a whole, are not bound by any orders or instructions and are only accountable to their electorate. The minimum legal number of members of the Bundestag (german: link=no, Mitglieder des Bundestages) is 598; however, due to the system of overhang and leveling seats the current 20th Bundestag has a total of 736 members, making it the largest Bundestag to date and the largest freely elected national parliamentary chamber in the wo ...
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Cabinet Of Germany
The Federal Cabinet or Federal Government (german: link=no, Bundeskabinett or ') is the chief Executive (government), executive body of the Germany, Federal Republic of Germany. It consists of the Chancellor of Germany, Federal Chancellor and minister (government), cabinet ministers. The fundamentals of the cabinet's organisation as well as the method of its election and appointment as well as the procedure for its dismissal are set down in articles 62 through 69 of the Basic Law for the Federal Republic of Germany (''Grundgesetz''). In contrast to the system under the Weimar Republic, the Bundestag may only dismiss the Chancellor with a constructive vote of no confidence (electing a new Chancellor at the same time) and can thereby only choose to dismiss the Chancellor with their entire cabinet and not simply individual ministers. These procedures and mechanisms were put in place by the authors of the Basic Law to both prevent another dictatorship and to ensure that there will n ...
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