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Internationale Handelsgesellschaft MbH V Einfuhr- Und Vorratsstelle Für Getreide Und Futtermittel
''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel'' (1970) Case 11/70 is an EU law case and German constitutional law case concerning the conflict of law between a national legal system and the laws of the European Union. Facts The Common Agricultural Policy permitted exports only by exporters who obtained an export licence, on a deposit of money, that could be forfeited if they failed to make the export during the licence’s validity period. The Internationale Handelsgesellschaft mbH claimed that the licensing system was a disproportionate violation of their right to conduct a business under the German constitution (''Grundgesetz''), because it did more than was necessary to achieve the public objective at hand. The German Administrative Court (''Verwaltungsgericht'') made a reference to the ECJ. Judgment European Court of Justice The ECJ held that the validity of EU measures cannot be challenged on grounds of national law rul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Law Primacy
The primacy of European Union law (sometimes referred to as supremacy or precedence of European law) is a legal principle establishing precedence of European Union law over conflicting national laws of Member state of the European Union, EU member states. The principle was derived from an interpretation of the European Court of Justice, which ruled that European law has priority over any contravening national law, including the constitution of a member state itself. For the European Court of Justice, national courts and public officials must disapply a national norm that they consider not to be compliant with the EU law. The majority of national courts have generally recognized and accepted this principle, except for the part where European law outranks a member state's constitution. As a result, national constitutional courts have also reserved the Judicial review, right to review the conformity of EU law with national constitutional law. Some countries provide that if national ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
German Constitutional Law
The law of Germany (german: das 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 the 1949 constitution. It is composed of public law (''öffentliches Recht''), which regulates the relations between a citizen/person and the state (including criminal law) or two bodies of the state, and the private law, (''Privatrecht'') which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived from t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Agricultural Policy
The Common Agricultural Policy (CAP) is the agricultural policy of the European Union. It implements a system of agricultural subsidies and other programmes. It was introduced in 1962 and has since then undergone several changes to reduce the EEC budget cost (from 73% in 1985 to 37% in 2017) and consider rural development in its aims. It has, however, been criticised on the grounds of its cost and its environmental and humanitarian effects. Overview The CAP is often explained as the result of a political compromise between France and Germany: German industry would have access to the French market; in exchange, Germany would help pay for France's farmers. The CAP has always been a difficult area of EU policy to reform; it is a problem that began in the 1960s and one that has continued to the present, albeit less severely. Changes to the CAP are proposed by the European Commission, after a public consultation, which then sends its proposals to the Council and to the European Pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grundgesetz
The Basic Law for the Federal Republic of Germany (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. It was termed "Basic Law" (german: Grundgesetz) to indicate that it was a provisional piece of legislation pending the reunification of Germany. However, when reunification took place in 1990, the Basic Law was retained as the definitive constitution of reunified Germany. Its original field of application (german: Geltungsbereich)—that is, the states that were initially included in the Federal Republic of Germany—consisted of the three Western Allies' zones of occupation, but at the insistence of the Western Allies, formally excluded West Berlin. In 1990, the Two Plus Four Agreement between the two parts of Germany and all four Al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bundesverfassungsgericht
The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inception with the beginning of the post-World War II republic, the court has been located in the city of Karlsruhe, which is also the seat of the Federal Court of Justice. The main task of the Federal Constitutional Court is judicial review, and it may declare legislation unconstitutional, thus rendering them ineffective. In this respect, it is similar to other supreme courts with judicial review powers, yet the court possesses a number of additional powers and is regarded as among the most interventionist and powerful national courts in the world. Unlike other supreme courts, the constitutional court is not an integral stage of the judicial or appeals process (aside from cases concerning constitutional or public international law), and doe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Wünsche Handelsgesellschaft
''Re Wünsche Handelsgesellschaft'' (22 October 1986) BVerfGE 73, 339, is a German constitutional law and EU law case, popularly known as ''Solange II'', concerning the conflict of law between the German national legal system and European Union law. Facts An EC import licensing system was challenged in the German Court. The ECJ held that the system was valid in ''Wünsche Handelsgesellschaft v Germany''. Judgment The Federal Constitutional Court (''Bundesverfassungsgericht'') held that it would not give close scrutiny now. It considered, since the 1974 decision, the ECJ’s development of protection for fundamental rights, the adoption of declarations on rights and democracy by the Community institutions, and that all EC Member States had acceded to the European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wünsche Handelsgesellschaft V Germany
Wünsche is a German surname. People * August Wünsche (1838–1912), German Christian Hebraist *Florian Wünsche (born 1991), German actor * Gert Wünsche (born 1943), German footballer * Kurt Wünsche (born 1929), German politician and twice Minister of Justice of the German Democratic Republic *Max Wünsche (1914–1995), regimental commander in the Waffen-SS during World War II * Vilém Wünsche (1900–1984), Czech painter, graphic artist and illustrator See also *'' Die tödlichen Wünsche'', opera by Giselher Klebe *Wünsche fliegen übers Meer ''Wünsche fliegen übers Meer'' (''Wishes Are Flying Over the Sea'') is the eleventh studio album released by German Schlager group Die Flippers Die Flippers (The Flippers) were a German Schlager group formed in 1964. They were one of the ..., eleventh studio album released by German Schlager group Die Flippers {{Surname German-language surnames Surnames of German origin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Solange II
''Re Wünsche Handelsgesellschaft'' (22 October 1986) BVerfGE 73, 339, is a German constitutional law and EU law case, popularly known as ''Solange II'', concerning the conflict of law between the German national legal system and European Union law. Facts An EC import licensing system was challenged in the German Court. The ECJ held that the system was valid in ''Wünsche Handelsgesellschaft v Germany''. Judgment The Federal Constitutional Court (''Bundesverfassungsgericht'') held that it would not give close scrutiny now. It considered, since the 1974 decision, the ECJ’s development of protection for fundamental rights, the adoption of declarations on rights and democracy by the Community institutions, and that all EC Member States had acceded to the European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stauder V City Of Ulm
''Stauder v City of Ulm'' (1969Case 29/69is an EU law case, concerning the protection of human rights in the European Union. Facts An EU scheme provided cheap butter for welfare benefits, but required to show a coupon with a person’s name and address. Mr Stauder claimed this violated his dignity and challenged it. Judgment The Court of Justice held that properly interpreted, the measure did not require a name to be shown on the coupon. In doing so it acknowledged that human rights formed part of unwritten general principles of EU law: See also {{Clist eu human rights *European Union law *''Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel'' (1970), another landmark case concerning the protection of fundamental rights in the European Union *Streisand effect Court of Justice of the European Union case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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