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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. This in effect meant that the authority of the ECJ in Germany was accepted by the Federal Court, so long as the ECJ rulings conformed to the principles of German national law.Brewer, Mar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Effect
In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce. Direct effect is not explicitly stated in any of the EU Treaties. The principle of direct effect was first established by the Court of Justice of the European Union (CJEU) in ''Van Gend en Loos v. Nederlandse Administratie der Belastingen''.(Case 26/62); 963ECR 1; 970CMLR 1 Direct effect has subsequently been loosened in its application to treaty articles and the ECJ has expanded the principle, holding that it is capable of applying to virtually all of the possible forms of EU legislation, the most important of which are regulations, and in certain circumstances to directives. The ECJ first articulated the doctrine of direct effect in the case of ''Van Gend en Loos'', the European Court of Justice laid down the criteria (commonly referred to as the "Van Gend cr ... [...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] |
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 disc ... [...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 the ... [...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 discu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Federal Constitutional Court Cases
Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or regional governments that are partially self-governing; a union of states *Federal republic, a federation which is a republic *Federalism, a political philosophy *Federalist, a political belief or member of a political grouping *Federalization, implementation of federalism Particular governments *Federal government of the United States **United States federal law **United States federal courts *Government of Argentina *Government of Australia *Government of Pakistan *Federal government of Brazil *Government of Canada *Government of India *Federal government of Mexico *Federal government of Nigeria *Government of Russia *Government of South Africa *Government of Philippines Other *''The Federalist Papers'', critical early arguments in fav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1986 In West Germany
The year 1986 was designated as the International Year of Peace by the United Nations. Events January * January 1 **Aruba gains increased autonomy from the Netherlands by separating from the Netherlands Antilles. ** Spain and Portugal enter the European Community, which becomes the European Union in 1993. * January 11 – The Gateway Bridge in Brisbane, Australia, at this time the world's longest prestressed concrete free- cantilever bridge, is opened. *January 13– 24 – South Yemen Civil War. *January 20 – The United Kingdom and France announce plans to construct the Channel Tunnel. * January 24 – The Voyager 2 space probe makes its first encounter with Uranus. *January 25 – Yoweri Museveni's National Resistance Army Rebel group takes over Uganda after leading a five-year guerrilla war in which up to half a million people are believed to have been killed. They will later use January 26 as the official date to avoid a coincidence of dates with Dictator ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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