ORF.at our classified anthology traces, 2010 "under the recommended reading for this summer: http://orf.at/100624-52682/index.html We feel flattered and agree with this recommendation .
Tuesday, June 29, 2010
Who Sells Morton Quick Salt In Omaha, Nebraska
ORF reading recommendation
ORF.at our classified anthology traces, 2010 "under the recommended reading for this summer: http://orf.at/100624-52682/index.html We feel flattered and agree with this recommendation .
ORF.at our classified anthology traces, 2010 "under the recommended reading for this summer: http://orf.at/100624-52682/index.html We feel flattered and agree with this recommendation .
Monday, June 28, 2010
Flatt'shousewives In Charge
termination of life-sustaining treatment based on the patient's will is not punishable
The LG Fulda has accused of attempted homicide P, acc. § § 212, 22, 23 I 12 I 25 II of the Criminal Code, sentenced to a prison sentence of nine months and subjected to the enforcement of the sentence. The original co-defendants Mrs. G. has acquitted the district court of law.
The defendant is a for the field of medical law specialist lawyer. According to the findings of the LG Fulda, he advised co-defendant wife GG was the daughter born in 1931 and since October 2002 a vegetative state lying Mrs. K. K was in a nursing home through one line in the abdominal wall, a so-called PEG tube, fed artificially. An improvement of their health status was no longer anticipated.
According sought an oral K in September 2002 expressed desire for such a case, the siblings to the cessation of artificial nutrition in order to allow her mother to die in dignity. G had been ordered by this time carer for her mother K. After conflicts with the nursing home management, by the end 2007 on a compromise under which the home staff should care only about the care activities in the strict sense, while the Children should adjust the patient's own diet on the probe, perform the necessary palliative care and assist her mother in death. After
G had ended on 20/12/2007 the food supply through the probe, the business performance of the entire company had on 21.12.2007 but the home line, the artificial feeding to resume immediately. The children of the K was a home ban on the case threatened that they should declare hereby do not agree. It gave the accused P of G on the same day the Council, the tube through the PEG tube to separate just above the abdominal wall.
G cut minutes later with the assistance of her brother Hose through. had after the home staff discovered this after a few more minutes and turned on the home line, the police, K on the orders of a prosecutor against the wishes of their children was taken to a hospital, where she set a new g-tube and tube feeding was resumed. She died there two weeks later of natural causes due to their disease.
The LG Fulda, the actions of the accused as a jointly with Mrs. G committed attempted murder by positive action, as opposed to mere termination of life-sustaining treatment failure (according to § 13 StGB) are recognized, neither by an alleged agreement by Ms. K still according to the principles of emergency aid, according to. § 32 II StGB, or the state of emergency, acc. § 34 of the Criminal Code was justified. Even on an apologetic state of emergency, acc. § 35 of the Criminal Code could not claim the defendant. Unless it is in a so-called permission error, which is treated according to § 17 StGB, have found that this was for him have been avoided as relevant specialized lawyer. The co-defendants
G has acquitted the district court because it found itself in the face of the legal council of the accused in an unavoidable permission error.
According to the relevant legal consequences of § 17 StGB why she acted without fault.
The 2nd Criminal Division of the Supreme Court has Now the decision on the revision of the defendants, and lifted him acquitted.
The question assumed the conditions under which in cases of actual consent, inability of a patient's will is binding was time of the crime by another is not readily compatible decisions of the Supreme Court has not been clarified. Divergences in the case concerned the liability of so-called living wills and the question of whether the admissibility limits of the termination of life-sustaining treatment on fatal and irreversible progressive disease of the patient or independent of the type and stage of the disease, also capture the requirement of judicial approval of a decision of the legal Facilitator of such a measure.
The legislature has specifically dealt with these questions now by the so-called living will law with effect from 01.09.2009. The Senate could decide, therefore, without being bound by previous decisions of other tribunals.
The LG Fulda in the results correctly assumed that was lawful because the compromise with the home management's decision to abstain from further artificial nutrition and that the announcement by the home management recovery could be seen as an unlawful attack against the self-determination of the patient. In September 2002 expressed consent of the patient, who tested their carers and confirmed, had developed binding and set both by the since 01.09.2009 and after the time of the crime is the current legal justification would violate dar. this now, as is now § 1901 a Section 3 BGB expressly provided, regardless of the type and stage of disease.
contrast, makes the evaluation of the district court not to, the defendant had made through his active involvement in the prevention of the resumption of food offense of attempted manslaughter. By the supervisors, in accordance with the now justified in force provisions of § § 1901 a, 1904 Civil Code, consent of the patient tested not only the termination of treatment simply by making no further food, but also a positive action, the termination or prevention was one of her not or no longer intended treatment.
A is only the externals of action or inaction based distinction of unpunished euthanasia of criminal killing of the patient not the substantive difference between the wing of a euthanasia killing and practices that allow the disease-related death leave with the consent of the affected its course requirements.
Conclusion: On the basis of this case was decided by the Supreme Court over basic questions of euthanasia. In this decision, he first clearly self-determination of patients strengthened. The Supreme Court had left open, however, whether representing the actual criminal act of the P. an active act or an omission. The Senate, however, also state clearly that justifies the consent of the patient is not only a treatment interruption by omission, but also a positive action that serves the termination or prevention of unwanted treatment, because the external appearance of "doing" and "Stop" key to should be the establishment of criminal and non-punishable euthanasia. Also makes clear that a substantive difference between a directed termination of life on criminal homicide and unpunished behavior that the disease-related death leave have run its course, there is.
has in the present decision, the court therefore expanded the conditions permitted passive euthanasia. Criminal liability of direct active euthanasia is not, however, called into question.
BGH Judgement of 25/06/2010 - 2 StR 454/09
Bundesgerichtshof - Press Office Communication No 129/2010 
The LG Fulda has accused of attempted homicide P, acc. § § 212, 22, 23 I 12 I 25 II of the Criminal Code, sentenced to a prison sentence of nine months and subjected to the enforcement of the sentence. The original co-defendants Mrs. G. has acquitted the district court of law.
The defendant is a for the field of medical law specialist lawyer. According to the findings of the LG Fulda, he advised co-defendant wife GG was the daughter born in 1931 and since October 2002 a vegetative state lying Mrs. K. K was in a nursing home through one line in the abdominal wall, a so-called PEG tube, fed artificially. An improvement of their health status was no longer anticipated.
According sought an oral K in September 2002 expressed desire for such a case, the siblings to the cessation of artificial nutrition in order to allow her mother to die in dignity. G had been ordered by this time carer for her mother K. After conflicts with the nursing home management, by the end 2007 on a compromise under which the home staff should care only about the care activities in the strict sense, while the Children should adjust the patient's own diet on the probe, perform the necessary palliative care and assist her mother in death. After
G had ended on 20/12/2007 the food supply through the probe, the business performance of the entire company had on 21.12.2007 but the home line, the artificial feeding to resume immediately. The children of the K was a home ban on the case threatened that they should declare hereby do not agree. It gave the accused P of G on the same day the Council, the tube through the PEG tube to separate just above the abdominal wall.
G cut minutes later with the assistance of her brother Hose through. had after the home staff discovered this after a few more minutes and turned on the home line, the police, K on the orders of a prosecutor against the wishes of their children was taken to a hospital, where she set a new g-tube and tube feeding was resumed. She died there two weeks later of natural causes due to their disease.
The LG Fulda, the actions of the accused as a jointly with Mrs. G committed attempted murder by positive action, as opposed to mere termination of life-sustaining treatment failure (according to § 13 StGB) are recognized, neither by an alleged agreement by Ms. K still according to the principles of emergency aid, according to. § 32 II StGB, or the state of emergency, acc. § 34 of the Criminal Code was justified. Even on an apologetic state of emergency, acc. § 35 of the Criminal Code could not claim the defendant. Unless it is in a so-called permission error, which is treated according to § 17 StGB, have found that this was for him have been avoided as relevant specialized lawyer. The co-defendants
G has acquitted the district court because it found itself in the face of the legal council of the accused in an unavoidable permission error.
According to the relevant legal consequences of § 17 StGB why she acted without fault.
The 2nd Criminal Division of the Supreme Court has Now the decision on the revision of the defendants, and lifted him acquitted.
The question assumed the conditions under which in cases of actual consent, inability of a patient's will is binding was time of the crime by another is not readily compatible decisions of the Supreme Court has not been clarified. Divergences in the case concerned the liability of so-called living wills and the question of whether the admissibility limits of the termination of life-sustaining treatment on fatal and irreversible progressive disease of the patient or independent of the type and stage of the disease, also capture the requirement of judicial approval of a decision of the legal Facilitator of such a measure.
The legislature has specifically dealt with these questions now by the so-called living will law with effect from 01.09.2009. The Senate could decide, therefore, without being bound by previous decisions of other tribunals.
The LG Fulda in the results correctly assumed that was lawful because the compromise with the home management's decision to abstain from further artificial nutrition and that the announcement by the home management recovery could be seen as an unlawful attack against the self-determination of the patient. In September 2002 expressed consent of the patient, who tested their carers and confirmed, had developed binding and set both by the since 01.09.2009 and after the time of the crime is the current legal justification would violate dar. this now, as is now § 1901 a Section 3 BGB expressly provided, regardless of the type and stage of disease.
contrast, makes the evaluation of the district court not to, the defendant had made through his active involvement in the prevention of the resumption of food offense of attempted manslaughter. By the supervisors, in accordance with the now justified in force provisions of § § 1901 a, 1904 Civil Code, consent of the patient tested not only the termination of treatment simply by making no further food, but also a positive action, the termination or prevention was one of her not or no longer intended treatment.
A is only the externals of action or inaction based distinction of unpunished euthanasia of criminal killing of the patient not the substantive difference between the wing of a euthanasia killing and practices that allow the disease-related death leave with the consent of the affected its course requirements.
Conclusion: On the basis of this case was decided by the Supreme Court over basic questions of euthanasia. In this decision, he first clearly self-determination of patients strengthened. The Supreme Court had left open, however, whether representing the actual criminal act of the P. an active act or an omission. The Senate, however, also state clearly that justifies the consent of the patient is not only a treatment interruption by omission, but also a positive action that serves the termination or prevention of unwanted treatment, because the external appearance of "doing" and "Stop" key to should be the establishment of criminal and non-punishable euthanasia. Also makes clear that a substantive difference between a directed termination of life on criminal homicide and unpunished behavior that the disease-related death leave have run its course, there is.
has in the present decision, the court therefore expanded the conditions permitted passive euthanasia. Criminal liability of direct active euthanasia is not, however, called into question.
BGH Judgement of 25/06/2010 - 2 StR 454/09
Bundesgerichtshof - Press Office Communication No 129/2010
Friday, June 25, 2010
Fake Moleskin Fabric Pants
rent reduction in floor space below - Agreement of living space by making arrangements in advance of conclusion
The Supreme Court has held that a lack of rented accommodation due to a surface deviation can also occur when the written rental agreement contains no reference to the living area.
rented In the case decided by the applicant from the respondent a penthouse apartment. The written rental agreement contains no Information on the size of the apartment. These are also not used in the form provided. The apartment had been offered by a real estate agent with an advertisement in a newspaper, which posted the apartment with about 76 square meters. Before signing the tenancy agreement the tenant is a plan map and a detailed calculation of floor space were passed in the overall size of the apartment had also been reported at 76.45 square meters. The tenant has on the ground that the apartment had only made a living area of 53.25 square meters, including the reimbursement claims of unpaid rent.
The AG Mannheim has upheld the claim for payment in part. The LG Mannheim contrast dismissed the appeal of the defendant the action.
directed against the revision of the tenant was successful. The VIII Civil Division of the Supreme Court has now ruled that in view of the events up to the signing of the lease to the lack of information on the size of homes in the treaty text, which were not provided in the form, did not indicate that the parties relating to the living space is not contractual would bind. The Court of Appeal determined if circumstances allow rather suggest that the parties in the written agreement of both parties have concluded the obvious notion of agency, the apartment as defined above living space on. In the present case had been made prior to contract repeatedly clear statements on the living space. Both in the display, and in a floor plan sketch and a living space in an exact calculation of floor space was specified. The total circumstances presented here establish an implied agreement on the apartment size.
Gem § 536 BGB, the tenant is exempt from payment of rent if the leased property at the time of release has a defect that would cancel their suitability for contractual use. For the period during which the fitness is reduced, the tenant has to pay only a reasonable bargain rent. If, as in the case decided, a living area below before more than ten percent, this leads to a reduction in rent that is no problem according to § 536 BGB. The case has been remanded to the district court, because other observations arise, inter alia, to the landlord to offset operating costs made additional claims. The decision of the Supreme Court should, in some cases, says no way out that all sorts of pre-contractual agreements were binding on later:
conclusion. Only if made prior contract several strong statements on the state of rental property, this may in case of deviations from the true condition of the leased property pursuant to a reduction in rent. § 536 BGB reasons. False information by the landlord could now be consequences even if the lease contains no finding in this regard.
Supreme Court ruling of 23.06.2010 - VIII ZR 256/09
Bundesgerichtshof - Press Office Communication No 128/2010 
The Supreme Court has held that a lack of rented accommodation due to a surface deviation can also occur when the written rental agreement contains no reference to the living area.
rented In the case decided by the applicant from the respondent a penthouse apartment. The written rental agreement contains no Information on the size of the apartment. These are also not used in the form provided. The apartment had been offered by a real estate agent with an advertisement in a newspaper, which posted the apartment with about 76 square meters. Before signing the tenancy agreement the tenant is a plan map and a detailed calculation of floor space were passed in the overall size of the apartment had also been reported at 76.45 square meters. The tenant has on the ground that the apartment had only made a living area of 53.25 square meters, including the reimbursement claims of unpaid rent.
The AG Mannheim has upheld the claim for payment in part. The LG Mannheim contrast dismissed the appeal of the defendant the action.
directed against the revision of the tenant was successful. The VIII Civil Division of the Supreme Court has now ruled that in view of the events up to the signing of the lease to the lack of information on the size of homes in the treaty text, which were not provided in the form, did not indicate that the parties relating to the living space is not contractual would bind. The Court of Appeal determined if circumstances allow rather suggest that the parties in the written agreement of both parties have concluded the obvious notion of agency, the apartment as defined above living space on. In the present case had been made prior to contract repeatedly clear statements on the living space. Both in the display, and in a floor plan sketch and a living space in an exact calculation of floor space was specified. The total circumstances presented here establish an implied agreement on the apartment size.
Gem § 536 BGB, the tenant is exempt from payment of rent if the leased property at the time of release has a defect that would cancel their suitability for contractual use. For the period during which the fitness is reduced, the tenant has to pay only a reasonable bargain rent. If, as in the case decided, a living area below before more than ten percent, this leads to a reduction in rent that is no problem according to § 536 BGB. The case has been remanded to the district court, because other observations arise, inter alia, to the landlord to offset operating costs made additional claims. The decision of the Supreme Court should, in some cases, says no way out that all sorts of pre-contractual agreements were binding on later:
conclusion. Only if made prior contract several strong statements on the state of rental property, this may in case of deviations from the true condition of the leased property pursuant to a reduction in rent. § 536 BGB reasons. False information by the landlord could now be consequences even if the lease contains no finding in this regard.
Supreme Court ruling of 23.06.2010 - VIII ZR 256/09
Bundesgerichtshof - Press Office Communication No 128/2010
When Do We Gain A Minute A Day
What a day - meeting with de Third Kind
Not only that, it's just pork hot in Tokyo, no. I have a Pechtag (and for all air conditioners around me that make me just crazy - am not an American who is just back feels like home;))
This morning I would have first almost slept through what so do not It would be nice since we wrote a test. So then I fix geflitzt times to the university. There I knew in so little a matter of teaching the answer, because my brain miraculously always just before I was his turn, gave up the ghost. Every time at least, seemed to have run the test well. I hope>.>
And then Chris and Djanelle said we have to make today a JASSO Scholarship report (which I had not written - the piece of paper with date, we have got a year ago), was the everyday university life schonmal gone completely.
On the way back I missed my train to say udn write 2 seconds (boom - door before nose) and I was able to spend the time waiting. On the train I fell asleep and almost missed my stop.
Since my home is very far yet, I allowed myself a Trinkeis first, I had learned to love in Japan. Unfortunately, the left but not just sipping from the bag as usual and I looked pretty stupid from when the whole dorm to myself I vorbeistiefelte udn during which a Trinkpaeckchen Zusabberte ice. Of course after that everything ran like clockwork. It popped so to speak. After that happened a few hours
not much, except that it was really warm.
Just before I went to my friend on (which was today at the hairdresser - huiiii) I first fruit juice spread over my PC (. Do not worry Dad, who still lives Bonds now a bit of a corner is sweeter UDN). I also had to get clean first.
am I then quickly rushed to the station to get the train, only to find that a Selbstmoerder has once again chosen my line and made us all wait for an indefinite period.
trickled some point but my train and I sat between a udn snoring in a sleeping twitching Japanese. Great.
I thought that my day's work would be to junk finally full, and have dinner together was udn really yummy I confirmed in my faith (The discarded cats on the way home I should have been warned. There are always cats there! )
But I have no expectation had expected.
I did today morning shower, you are sweating in the heat here already just from the mere existence. So I am in Adamskostuem in the shower (yes, I shower naked LIKE!) And closed the door when something black between my arm udn face to the ground and how much went wrong in the district.
The naked panic shot through me udn I managed somehow between panic and screaming huge disgust at my version of jumping out of the shower towel to wrap around the hips.
My friend was time to angesprintet with a "what's going on?" Look I just with the words "COCKROACH !!!!!" answered. More words it is not needed and he grabbed heroically our 4-week-old cake, which was now harder than Mount Everest in his pack udn, jumped fearlessly on the cattle. After a hard fight in which one could not clearly tell who was more afraid of whom there were Kakerlakenmus, which I did not see in more detail (thanks be to God had no glasses on).
After I then showered off the shower once WIDELY, I ventured back inside ...
What a day! Only 25 minutes, then the mystery is over!
because today is Friday the 13th? 
Not only that, it's just pork hot in Tokyo, no. I have a Pechtag (and for all air conditioners around me that make me just crazy - am not an American who is just back feels like home;))
This morning I would have first almost slept through what so do not It would be nice since we wrote a test. So then I fix geflitzt times to the university. There I knew in so little a matter of teaching the answer, because my brain miraculously always just before I was his turn, gave up the ghost. Every time at least, seemed to have run the test well. I hope>.>
And then Chris and Djanelle said we have to make today a JASSO Scholarship report (which I had not written - the piece of paper with date, we have got a year ago), was the everyday university life schonmal gone completely.
On the way back I missed my train to say udn write 2 seconds (boom - door before nose) and I was able to spend the time waiting. On the train I fell asleep and almost missed my stop.
Since my home is very far yet, I allowed myself a Trinkeis first, I had learned to love in Japan. Unfortunately, the left but not just sipping from the bag as usual and I looked pretty stupid from when the whole dorm to myself I vorbeistiefelte udn during which a Trinkpaeckchen Zusabberte ice. Of course after that everything ran like clockwork. It popped so to speak. After that happened a few hours
not much, except that it was really warm.
Just before I went to my friend on (which was today at the hairdresser - huiiii) I first fruit juice spread over my PC (. Do not worry Dad, who still lives Bonds now a bit of a corner is sweeter UDN). I also had to get clean first.
am I then quickly rushed to the station to get the train, only to find that a Selbstmoerder has once again chosen my line and made us all wait for an indefinite period.
trickled some point but my train and I sat between a udn snoring in a sleeping twitching Japanese. Great.
I thought that my day's work would be to junk finally full, and have dinner together was udn really yummy I confirmed in my faith (The discarded cats on the way home I should have been warned. There are always cats there! )
But I have no expectation had expected.
I did today morning shower, you are sweating in the heat here already just from the mere existence. So I am in Adamskostuem in the shower (yes, I shower naked LIKE!) And closed the door when something black between my arm udn face to the ground and how much went wrong in the district.
The naked panic shot through me udn I managed somehow between panic and screaming huge disgust at my version of jumping out of the shower towel to wrap around the hips.
My friend was time to angesprintet with a "what's going on?" Look I just with the words "COCKROACH !!!!!" answered. More words it is not needed and he grabbed heroically our 4-week-old cake, which was now harder than Mount Everest in his pack udn, jumped fearlessly on the cattle. After a hard fight in which one could not clearly tell who was more afraid of whom there were Kakerlakenmus, which I did not see in more detail (thanks be to God had no glasses on).
After I then showered off the shower once WIDELY, I ventured back inside ...
What a day! Only 25 minutes, then the mystery is over!
because today is Friday the 13th?
Saturday, June 12, 2010
Staph Infection Navel
residential tenants must have the opportunity to cosmetic repairs on their own capacity to carry out
The Supreme Court has ruled that a clause is invalid in a housing lease because the tenant undue discrimination, if the tenant is imposed by the clause, the duty to carry out minor repairs without being hampered him the opportunity to undertake this work in-house performance open.
The defendants were tenants of an apartment by September 2007 the applicant housing association in Munich. The redecoration of the rental agreement contains the following Provisions:
"The tenant is obliged to let the cosmetic repairs, such as liming, painting or wallpapering the walls and ceilings, painting, and the treatment of floors, windows and doors, run in the home, and the roller shutters, light and bell systems, locks to service taps, cisterns or flush valves and wash-and draining and replacing broken glass panes [...]"
the applicant seeks, inter alia, damages for failure to cosmetic repairs in the amount of 7036 , 35 €. The AG in Munich has rejected the claim in that regard. The Munich District Court, the appeal the landlord rejected because, to be carried out properly according to the court, minor repairs and painting, by any tenant and professionally. The beauty repair Conditions under which the lessee assumes the duty to "let run" the beauty out repairs to the overall ineffectiveness of the passing clause.
directed against the revision of the landlady had no success. Who among other responsible for the Housing Tenancy Eighth Civil Division of the Supreme Court ruled that the tenants were not obliged to carry out cosmetic repairs. It is questionable whether this
the pass-through of the rental agreement listed cosmetic repairs the tenant unfairly disadvantaged. The required content review of the GTC is based on § § 309, 308, and the general clause of § 307 BGB. The § § 309, 308 BGB mentioned in this regard but no specific clause bans on cosmetic repairs and is not applicable here. The content review is thus for the general clause of § 307 I BGB in terms of the provisions are invalid if they place the contractual partner of the user contrary to the requirement of good faith and unreasonable disadvantage. The clause used in the case decided on cosmetic repairs can be understood as meaning any case due to its wording, that the tenant, excluding the possibility of self-performance perform the work by a qualified craftsman must leave. For the purposes of content review are in accordance with the terms and conditions. § 305 c BGB II interpreted as customer hostile as possible. In this one significant customer most hostile interpretation of the clause could not stand up to a content review under § 307 I BGB.
is that the Court of Federal forms-contractual pass-through of the law the landlord's obligation, to carry out cosmetic repairs to the tenant generally permitted. However, the Federal Court also noted that the traffic has become customary practice of passing on the cosmetic repairs to the Tenant is characterized by the fact that the tenant can perform his assigned cosmetic repairs on their own performance.
is made to the tenant the option of making the cosmetic repairs in-house service, the passing of this work an unfair disadvantage, as defined in § 307 I BGB, the tenant dar. For cosmetic repairs are, whether they carry out the tenant or the landlord needs only professionally in average kind and quality to perform. This does not necessarily require the retention of a professional firm. The Supreme Court also took part in the ineffectiveness of beauty leads to the total repair of Use ineffectiveness of the passing clause.
Conclusion: Decisions to Beauty repair in terms of rental agreements are always of high relevance degree. In exams always exert strict control acc. § 307 I BGB make. Notice that the ineffectiveness of beauty repair Conditions under which the lessee assumes the duty to "let run" the cosmetic repairs to the overall ineffectiveness of the passing-out clause, the tenant then so can not be required to carry out cosmetic repairs. The Supreme Court has already held in its ruling of 13.01.2010 - VIII ZR 48/09 found this a beauty repair clause, which has an unreasonable disadvantage of the tenant, the ineffectiveness of the entire beauty repair clause out, since it is the duty imposed upon the tenant is to carry out cosmetic repairs to a single legal obligation that can not be split into individual actions or individual aspects.
Supreme Court ruling of 09.06.2010 - VIII ZR 294/09
Bundesgerichtshof - Press Office Communication No 115/2010 
The Supreme Court has ruled that a clause is invalid in a housing lease because the tenant undue discrimination, if the tenant is imposed by the clause, the duty to carry out minor repairs without being hampered him the opportunity to undertake this work in-house performance open.
The defendants were tenants of an apartment by September 2007 the applicant housing association in Munich. The redecoration of the rental agreement contains the following Provisions:
"The tenant is obliged to let the cosmetic repairs, such as liming, painting or wallpapering the walls and ceilings, painting, and the treatment of floors, windows and doors, run in the home, and the roller shutters, light and bell systems, locks to service taps, cisterns or flush valves and wash-and draining and replacing broken glass panes [...]"
the applicant seeks, inter alia, damages for failure to cosmetic repairs in the amount of 7036 , 35 €. The AG in Munich has rejected the claim in that regard. The Munich District Court, the appeal the landlord rejected because, to be carried out properly according to the court, minor repairs and painting, by any tenant and professionally. The beauty repair Conditions under which the lessee assumes the duty to "let run" the beauty out repairs to the overall ineffectiveness of the passing clause.
directed against the revision of the landlady had no success. Who among other responsible for the Housing Tenancy Eighth Civil Division of the Supreme Court ruled that the tenants were not obliged to carry out cosmetic repairs. It is questionable whether this
the pass-through of the rental agreement listed cosmetic repairs the tenant unfairly disadvantaged. The required content review of the GTC is based on § § 309, 308, and the general clause of § 307 BGB. The § § 309, 308 BGB mentioned in this regard but no specific clause bans on cosmetic repairs and is not applicable here. The content review is thus for the general clause of § 307 I BGB in terms of the provisions are invalid if they place the contractual partner of the user contrary to the requirement of good faith and unreasonable disadvantage. The clause used in the case decided on cosmetic repairs can be understood as meaning any case due to its wording, that the tenant, excluding the possibility of self-performance perform the work by a qualified craftsman must leave. For the purposes of content review are in accordance with the terms and conditions. § 305 c BGB II interpreted as customer hostile as possible. In this one significant customer most hostile interpretation of the clause could not stand up to a content review under § 307 I BGB.
is that the Court of Federal forms-contractual pass-through of the law the landlord's obligation, to carry out cosmetic repairs to the tenant generally permitted. However, the Federal Court also noted that the traffic has become customary practice of passing on the cosmetic repairs to the Tenant is characterized by the fact that the tenant can perform his assigned cosmetic repairs on their own performance.
is made to the tenant the option of making the cosmetic repairs in-house service, the passing of this work an unfair disadvantage, as defined in § 307 I BGB, the tenant dar. For cosmetic repairs are, whether they carry out the tenant or the landlord needs only professionally in average kind and quality to perform. This does not necessarily require the retention of a professional firm. The Supreme Court also took part in the ineffectiveness of beauty leads to the total repair of Use ineffectiveness of the passing clause.
Conclusion: Decisions to Beauty repair in terms of rental agreements are always of high relevance degree. In exams always exert strict control acc. § 307 I BGB make. Notice that the ineffectiveness of beauty repair Conditions under which the lessee assumes the duty to "let run" the cosmetic repairs to the overall ineffectiveness of the passing-out clause, the tenant then so can not be required to carry out cosmetic repairs. The Supreme Court has already held in its ruling of 13.01.2010 - VIII ZR 48/09 found this a beauty repair clause, which has an unreasonable disadvantage of the tenant, the ineffectiveness of the entire beauty repair clause out, since it is the duty imposed upon the tenant is to carry out cosmetic repairs to a single legal obligation that can not be split into individual actions or individual aspects.
Supreme Court ruling of 09.06.2010 - VIII ZR 294/09
Bundesgerichtshof - Press Office Communication No 115/2010
Friday, June 11, 2010
Should I Buy Adjustable Ice Skates
aid to Europe - request for a temporary injunction to prevent the "Euro-emergency parachute"
complainants sought the constitution with his request for a temporary injunction prohibiting definitive statements in connection with German guarantee the "Euro-rescue."
As part of the global financial crisis, the situation of public finances in the Member States of the EU had deteriorated considerably. In particular, the Hellenic Republic was in financial difficulties and needs for the year 2010 with an increase in public debt to 125% of the gross domestic product and expect more than twice the reference value of 60%. In order to provide the financial stability of the entire euro zone, therefore, declared the states of the euro group at the request of Greece in May 2010 prepared in connection with a three-year program of the International Monetary Fund (IMF) provide substantial financial assistance.
In the wake together the leaders of the euro group in Brussels, saying, among other things, in favor of strengthening the economic regulators in the euro area and to regulate the financial markets and combat the intense speculation. To this end, they agreed that the Commission should propose a European stabilization mechanism to preserve financial stability in Europe, the so-called "Euro-rescue." Then decided on 09.05.2010, the Council on Economic and Financial Affairs (ECOFIN Council) to establish a European stabilization mechanism. It consists of the measure based on a EU regulation European financial stabilization mechanism (EFSM) on one side and out of the European financial stabilization facility (EFSF), an intergovernmental agreement on the Member States of the euro-group-based special purpose vehicle to provide loans and lines of credit, on the other. They aim to Member States affected by exceptional events of difficulties will be supported financially. The European Central Bank (ECB) participated on 10/05/2010 at the new protection program by deciding to buy government bonds. Regulation No 407/2010
of the Council of 11.05.2010 based on a European financial stabilization mechanism, thereby to Article 122 para 2 TFEU. Thereafter, a Member State which is due to exceptional events that are beyond its control, difficulties or is seriously threatened with severe difficulties is a financial assistance of the EU are granted. The Council considers that the exceptional situation would be that the tightening has led the global financial crisis for several Member States of the Euro-group to a serious deterioration in credit conditions that goes beyond what can be explained by economic fundamentals. The European financial stabilization mechanism shall remain in force as long as necessary to maintain financial market stability is required, and a financial budget of up to include 60 billion euros, which makes borrowing would be necessary.
addition to the introduction of the EFSM the Heads of State and Government the Euro-Group is required to be effected through the special purpose vehicle EFSF financial assistance. For this purpose entity agreed by the participating Member States guarantee in accordance with their constitutional requirements in proportion to their paid-up capital of the ECB. The EU Commission, in the context of EFSF by the Member States of the euro group for the execution of contracts are used. With regard to the SPV through the following terms were agreed. Shareholders of companies incorporated under the laws of Luxembourg special purpose vehicle, all Member States of the Euro Group. Its purpose is the issuance of bonds and the granting of loans and credit lines to cover Financing needs of Member States in difficulty of the Euro Group.
result of the share of Germany in the capital of the ECB, the German share amounts to the guaranteed volume to 123 billion euros, in the case of unforeseen and compelling need, the amount may be exceeded by a further 20%, so therefore a maximum of around 148 billion Euro results. The total volume of the stabilization instruments in the amount of 750 billion € is calculated from the volume of the EFSM in the amount of 60 billion euros, the volume of EFSF in the amount of 440 billion euros and a (previously only expected) contribution from the IMF amounting to half of that sums, so further 250 billion Euro. create
To be on the national level for the delivery of financial assistance to the SPV EFSF, the German Bundestag adopted on 21.05.2010 the impugned law on acquisition of warranties as part of a European stabilization mechanism, to be approved by the Bundesrat on the same day and was promulgated on 22.05.2010.
Following approval of the €-stabilization mechanism Act by the Federal Council of the complainant on 21.05.2010 constitutional complaint, acc. Article 90 No 4 GG, § § 13 No. 8, § § 90 ff applicable Federal Constitutional Court Act and requested to issue a temporary injunction, acc. Federal Constitutional Court Act § 32.
The constitutional complaint seeking a declaration that the complainant's acts and omissions on German and European level disproportionate to his basic rights and fundamental rights, equal rights under Article 38 I GG; engage Article 14 and Article 2 I GG I GG. The €-stabilization mechanism in breach of Article 125 I TFEU. These are not merely occasional breach of contract, but destroys the agreement provided for long term stability Union, replacing it with a liability and transfer union. The parties to the legislative bodies would be subject to such a far-reaching change in the contract ratification requirement of Article 23 I GG in conjunction with Article 79 GG, they would not have considered. The commitments could be even parliamentary answer why not, because it completely unclear what would be done under conditions closer warranties in this blatant level ever. The stabilization mechanism in the euro-law pronounced warranty authorization in the amount of 147.6 billion € can also be factually not justify parliamentary-democratic. The legislators go of his responsibility for the household and community well, if he decides to future financial years of this magnitude in advance lays down.
Article 14 I GG was violated because the measures currently under consideration by the buying of government bonds the ECB, the stability of the European currency undermined. This would be the subject of monetary stability protected content and limits provisions of Article 88 of the Basic Law and the stability requirements of the European treaties, notices.
The request for a temporary injunction sought, the complainant, the President prohibited until a decision on the merits, to announce the €-stabilization mechanism Act. In the alternative, he sought to prohibit the Federal Ministry of Finance to make use of the stabilization mechanism in the euro-law provided for warranty authorization. Further alternative, he sought, the Federal Ministry of Finance give up to make use of the warranty authorization in such manner that guarantees or other forms of guarantee under the condition be made that the guarantee or other indemnity from the start is void if the Federal Constitutional Court on the merits, the unconstitutionality of the €-stabilization mechanism Law says.
A delay of the warranty acquisition will lead to the complainant's view, the absence of an acute emergency situation to any significant disadvantages for the common good. The damage for the euro currency system from the implementation of the decisions on the euro-stabilizing mechanism arises, on the other hand was immeasurable. For the Federal Republic of Germany could also arise, given the volume of the proposed guarantees, which accounts for more than half the federal budget, a huge loss, when they should once received guarantees will be honored.
An application for an interim order had been closed with the announcement of the €-stabilization mechanism Act on 22.05.2010, if the President should be permitted to declare the impugned law. Moreover, the application is, according to the Federal Constitutional Court, also unfounded.
According to § 32 I BVerfGG the Federal Constitutional Court may in case of dispute a state with interim measures governing pending if this is necessary to avert serious detriment, to prevent imminent violence or some other important reason for the common good urgency. In considering whether the conditions of § 32 I BVerfGG given, because of the far-reaching consequences of a constitutional court for interim relief on a regular basis to create a stricter standard that will be aggravated further when a measure of international law or foreign policy impact is concerned. It must be reasons that speak for the unconstitutionality of the challenged action, disregarded, unless the coveted mainly Determination were found to be inadmissible or manifestly unfounded from the start. The Federal Constitutional Court here merely to weigh the disadvantages that were to take place when a temporary restraining order was not, the constitutional complaint, but would in the main success, against the disadvantages that would follow if the requested interim measures would be adopted, in the main, however, the success of would fail.
An application for the coveted arrangement remains regardless of whether the application in view of the fact that before the announcement was made by the constitutional complaint challenged the law, would be inadmissible, as well as other open questions of the admissibility and merits of the constitutional complaint in any case without due consideration of the necessary consequence of success.
absence the interim order, turns out to be an exercise of the warranty authorization later than the constitutionally permitted to threaten the public, according to the Federal Constitutional Court, serious drawbacks.
The "Euro-rescue" and the purchase of government bonds by the ECB to counteract a loss of confidence in the solvency of individual states of the Euro Group. The Federal Republic of Germany with the process under these safeguards in their economic performance, a significant proportion. Would the Federal Republic Germany, which is in the financial markets as a fully solvent through the adoption of the much sought interim relief on their commitments also have to suspend temporarily, this could lead to assessment of the federal government already led to a confidence loss in the markets, the consequences are not foreseeable.
This assessment of the federal government but not shared by the complainant, who sees the measures just for the stability of the European currency rather additional risks. The Constitutional Court can, however, the proceedings for interim relief that question does not inform them, and must do so not because of a forecast of market reactions looking assessment of the federal government is certainly not disproved. In the assessment of foreign policy situations, expect to here the situation of international financial markets, the federal government comes in violent part system because of their professional competence to their particular closeness and its political authorities assess priority to the subject of clear refutation has to be respected by the Federal Constitutional Court .
Even a temporary withdrawal of Germany from the emergency measures would not only the volume of the "Euro-emergency parachute" to lessen in proportion, but could, according to the Federal Government the feasibility of the rescue package, at least from the perspective of financial markets are altogether. That would give the general public expected to have significant economic disadvantages. Should be missed by the €-stabilization mechanism objective, therefore, the potential threat of illiquidity in major trading centers of European government bonds can not be avoided, would be considered by the federal government threatens the stability of the entire European Monetary Union. The Constitutional Court does not have sufficient evidence that force one to believe that monetary and fiscal policy assessment of the federal government has failed. Evidence of excess the boundaries of the assessment discretion by not obviously durable assumptions and conclusions can not after.
contrast, less severely outweigh the disadvantages that arise when the interim relief is not granted.
A substantial damage arising for the common good not the mere possibility of using the federal case in the entrance, so the threat of a state of emergency € group whose probability the federal government continues to be low. The complainant has presented no concrete evidence that contrast their basic rights and fundamental rights, equal rights, in particular of Article 14 I GG, just straight in a row a possible acquisition of credit or guarantees the repurchase of government bonds by the ECB could already be seriously compromised and irreversibly. As far as the complainant contends, the disappointment of the legal trust by his allegations that his violation of the European treaties would lead to irreversible damage to the common currency, it is thus in conflict with the of assessment of the Federal Government which has to respect the Constitutional Court for the reasons mentioned.
Conclusion: The present decision, of course, is similar to the decision of the Constitutional Court from 07.05.2010 - 2 BvR 987/10 constitutional complaint with the interim order against the monetary policy of the Federal Republic of Germany relating to the, to stabilize the European currency area, the Hellenic Republic of grants awarded (see the blog entry from 19.05.2010). The complainant also felt in their basic rights and fundamental rights equal rights under Article 38 I GG, 14 I violated the Basic Law and Article 2 I GG. A significant damage to the common good is, however, in both cases arise not from the possibility of using the federal government. Both applicants have also submitted no evidence that their fundamental right under Article 14 I GG could be directly affected, especially in consequence, guaranteed financial aid. On the professional competence, specific knowledge of assessment-based proximity and political accountability of the legislature to respect the assessment of foreign policy situations, such as the position of the international financial markets, while the Constitutional Court.
BVerfG v. 09.06.2010 - 2 BvR 1099/10
Federal Constitutional Court press release No 38/2010 dated 06/10/2010 
complainants sought the constitution with his request for a temporary injunction prohibiting definitive statements in connection with German guarantee the "Euro-rescue."
As part of the global financial crisis, the situation of public finances in the Member States of the EU had deteriorated considerably. In particular, the Hellenic Republic was in financial difficulties and needs for the year 2010 with an increase in public debt to 125% of the gross domestic product and expect more than twice the reference value of 60%. In order to provide the financial stability of the entire euro zone, therefore, declared the states of the euro group at the request of Greece in May 2010 prepared in connection with a three-year program of the International Monetary Fund (IMF) provide substantial financial assistance.
In the wake together the leaders of the euro group in Brussels, saying, among other things, in favor of strengthening the economic regulators in the euro area and to regulate the financial markets and combat the intense speculation. To this end, they agreed that the Commission should propose a European stabilization mechanism to preserve financial stability in Europe, the so-called "Euro-rescue." Then decided on 09.05.2010, the Council on Economic and Financial Affairs (ECOFIN Council) to establish a European stabilization mechanism. It consists of the measure based on a EU regulation European financial stabilization mechanism (EFSM) on one side and out of the European financial stabilization facility (EFSF), an intergovernmental agreement on the Member States of the euro-group-based special purpose vehicle to provide loans and lines of credit, on the other. They aim to Member States affected by exceptional events of difficulties will be supported financially. The European Central Bank (ECB) participated on 10/05/2010 at the new protection program by deciding to buy government bonds. Regulation No 407/2010
of the Council of 11.05.2010 based on a European financial stabilization mechanism, thereby to Article 122 para 2 TFEU. Thereafter, a Member State which is due to exceptional events that are beyond its control, difficulties or is seriously threatened with severe difficulties is a financial assistance of the EU are granted. The Council considers that the exceptional situation would be that the tightening has led the global financial crisis for several Member States of the Euro-group to a serious deterioration in credit conditions that goes beyond what can be explained by economic fundamentals. The European financial stabilization mechanism shall remain in force as long as necessary to maintain financial market stability is required, and a financial budget of up to include 60 billion euros, which makes borrowing would be necessary.
addition to the introduction of the EFSM the Heads of State and Government the Euro-Group is required to be effected through the special purpose vehicle EFSF financial assistance. For this purpose entity agreed by the participating Member States guarantee in accordance with their constitutional requirements in proportion to their paid-up capital of the ECB. The EU Commission, in the context of EFSF by the Member States of the euro group for the execution of contracts are used. With regard to the SPV through the following terms were agreed. Shareholders of companies incorporated under the laws of Luxembourg special purpose vehicle, all Member States of the Euro Group. Its purpose is the issuance of bonds and the granting of loans and credit lines to cover Financing needs of Member States in difficulty of the Euro Group.
result of the share of Germany in the capital of the ECB, the German share amounts to the guaranteed volume to 123 billion euros, in the case of unforeseen and compelling need, the amount may be exceeded by a further 20%, so therefore a maximum of around 148 billion Euro results. The total volume of the stabilization instruments in the amount of 750 billion € is calculated from the volume of the EFSM in the amount of 60 billion euros, the volume of EFSF in the amount of 440 billion euros and a (previously only expected) contribution from the IMF amounting to half of that sums, so further 250 billion Euro. create
To be on the national level for the delivery of financial assistance to the SPV EFSF, the German Bundestag adopted on 21.05.2010 the impugned law on acquisition of warranties as part of a European stabilization mechanism, to be approved by the Bundesrat on the same day and was promulgated on 22.05.2010.
Following approval of the €-stabilization mechanism Act by the Federal Council of the complainant on 21.05.2010 constitutional complaint, acc. Article 90 No 4 GG, § § 13 No. 8, § § 90 ff applicable Federal Constitutional Court Act and requested to issue a temporary injunction, acc. Federal Constitutional Court Act § 32.
The constitutional complaint seeking a declaration that the complainant's acts and omissions on German and European level disproportionate to his basic rights and fundamental rights, equal rights under Article 38 I GG; engage Article 14 and Article 2 I GG I GG. The €-stabilization mechanism in breach of Article 125 I TFEU. These are not merely occasional breach of contract, but destroys the agreement provided for long term stability Union, replacing it with a liability and transfer union. The parties to the legislative bodies would be subject to such a far-reaching change in the contract ratification requirement of Article 23 I GG in conjunction with Article 79 GG, they would not have considered. The commitments could be even parliamentary answer why not, because it completely unclear what would be done under conditions closer warranties in this blatant level ever. The stabilization mechanism in the euro-law pronounced warranty authorization in the amount of 147.6 billion € can also be factually not justify parliamentary-democratic. The legislators go of his responsibility for the household and community well, if he decides to future financial years of this magnitude in advance lays down.
Article 14 I GG was violated because the measures currently under consideration by the buying of government bonds the ECB, the stability of the European currency undermined. This would be the subject of monetary stability protected content and limits provisions of Article 88 of the Basic Law and the stability requirements of the European treaties, notices.
The request for a temporary injunction sought, the complainant, the President prohibited until a decision on the merits, to announce the €-stabilization mechanism Act. In the alternative, he sought to prohibit the Federal Ministry of Finance to make use of the stabilization mechanism in the euro-law provided for warranty authorization. Further alternative, he sought, the Federal Ministry of Finance give up to make use of the warranty authorization in such manner that guarantees or other forms of guarantee under the condition be made that the guarantee or other indemnity from the start is void if the Federal Constitutional Court on the merits, the unconstitutionality of the €-stabilization mechanism Law says.
A delay of the warranty acquisition will lead to the complainant's view, the absence of an acute emergency situation to any significant disadvantages for the common good. The damage for the euro currency system from the implementation of the decisions on the euro-stabilizing mechanism arises, on the other hand was immeasurable. For the Federal Republic of Germany could also arise, given the volume of the proposed guarantees, which accounts for more than half the federal budget, a huge loss, when they should once received guarantees will be honored.
An application for an interim order had been closed with the announcement of the €-stabilization mechanism Act on 22.05.2010, if the President should be permitted to declare the impugned law. Moreover, the application is, according to the Federal Constitutional Court, also unfounded.
According to § 32 I BVerfGG the Federal Constitutional Court may in case of dispute a state with interim measures governing pending if this is necessary to avert serious detriment, to prevent imminent violence or some other important reason for the common good urgency. In considering whether the conditions of § 32 I BVerfGG given, because of the far-reaching consequences of a constitutional court for interim relief on a regular basis to create a stricter standard that will be aggravated further when a measure of international law or foreign policy impact is concerned. It must be reasons that speak for the unconstitutionality of the challenged action, disregarded, unless the coveted mainly Determination were found to be inadmissible or manifestly unfounded from the start. The Federal Constitutional Court here merely to weigh the disadvantages that were to take place when a temporary restraining order was not, the constitutional complaint, but would in the main success, against the disadvantages that would follow if the requested interim measures would be adopted, in the main, however, the success of would fail.
An application for the coveted arrangement remains regardless of whether the application in view of the fact that before the announcement was made by the constitutional complaint challenged the law, would be inadmissible, as well as other open questions of the admissibility and merits of the constitutional complaint in any case without due consideration of the necessary consequence of success.
absence the interim order, turns out to be an exercise of the warranty authorization later than the constitutionally permitted to threaten the public, according to the Federal Constitutional Court, serious drawbacks.
The "Euro-rescue" and the purchase of government bonds by the ECB to counteract a loss of confidence in the solvency of individual states of the Euro Group. The Federal Republic of Germany with the process under these safeguards in their economic performance, a significant proportion. Would the Federal Republic Germany, which is in the financial markets as a fully solvent through the adoption of the much sought interim relief on their commitments also have to suspend temporarily, this could lead to assessment of the federal government already led to a confidence loss in the markets, the consequences are not foreseeable.
This assessment of the federal government but not shared by the complainant, who sees the measures just for the stability of the European currency rather additional risks. The Constitutional Court can, however, the proceedings for interim relief that question does not inform them, and must do so not because of a forecast of market reactions looking assessment of the federal government is certainly not disproved. In the assessment of foreign policy situations, expect to here the situation of international financial markets, the federal government comes in violent part system because of their professional competence to their particular closeness and its political authorities assess priority to the subject of clear refutation has to be respected by the Federal Constitutional Court .
Even a temporary withdrawal of Germany from the emergency measures would not only the volume of the "Euro-emergency parachute" to lessen in proportion, but could, according to the Federal Government the feasibility of the rescue package, at least from the perspective of financial markets are altogether. That would give the general public expected to have significant economic disadvantages. Should be missed by the €-stabilization mechanism objective, therefore, the potential threat of illiquidity in major trading centers of European government bonds can not be avoided, would be considered by the federal government threatens the stability of the entire European Monetary Union. The Constitutional Court does not have sufficient evidence that force one to believe that monetary and fiscal policy assessment of the federal government has failed. Evidence of excess the boundaries of the assessment discretion by not obviously durable assumptions and conclusions can not after.
contrast, less severely outweigh the disadvantages that arise when the interim relief is not granted.
A substantial damage arising for the common good not the mere possibility of using the federal case in the entrance, so the threat of a state of emergency € group whose probability the federal government continues to be low. The complainant has presented no concrete evidence that contrast their basic rights and fundamental rights, equal rights, in particular of Article 14 I GG, just straight in a row a possible acquisition of credit or guarantees the repurchase of government bonds by the ECB could already be seriously compromised and irreversibly. As far as the complainant contends, the disappointment of the legal trust by his allegations that his violation of the European treaties would lead to irreversible damage to the common currency, it is thus in conflict with the of assessment of the Federal Government which has to respect the Constitutional Court for the reasons mentioned.
Conclusion: The present decision, of course, is similar to the decision of the Constitutional Court from 07.05.2010 - 2 BvR 987/10 constitutional complaint with the interim order against the monetary policy of the Federal Republic of Germany relating to the, to stabilize the European currency area, the Hellenic Republic of grants awarded (see the blog entry from 19.05.2010). The complainant also felt in their basic rights and fundamental rights equal rights under Article 38 I GG, 14 I violated the Basic Law and Article 2 I GG. A significant damage to the common good is, however, in both cases arise not from the possibility of using the federal government. Both applicants have also submitted no evidence that their fundamental right under Article 14 I GG could be directly affected, especially in consequence, guaranteed financial aid. On the professional competence, specific knowledge of assessment-based proximity and political accountability of the legislature to respect the assessment of foreign policy situations, such as the position of the international financial markets, while the Constitutional Court.
BVerfG v. 09.06.2010 - 2 BvR 1099/10
Federal Constitutional Court press release No 38/2010 dated 06/10/2010
Sunday, June 6, 2010
Pakistani Wedding Invitation Wording
everyday life in Japan - 毎 日 日本
What makes a Kristin all day in Japan?
I figured since I'm so busy, I'll show you what keeps me in Japanese so busy. ;)
First we went on in the Golden Week early May on the beach between Tokyo and Chiba. It was wonderfully warm on that day, a perfect beach day!
When at last we were there (yes, we soon had to run for an hour - because of "next door", I had blisters on his feet, remember I was still ...), the first on the own food in German Hergemacht manner. Man was that great! And just the summer, finally. It was quite cold but every now and then.
to see clearly, we knew we could rumbringen the day. And contrary to the images there was also sand. Only one was not so good, the stairs were even better - and safer from the approaching flood.
was then also used by some of us (me included), a little splash in the water and each other to get wet;)
On 8th May came out for the great Halle-are-in-Tokyo meeting. Was not that easy to get us to 13 little people under one roof. It then went to the Indians ... or something ... anyway meant Plätchen "Toms Bar", why was always Tom, the Indian food and totally delicious! Wow, since you can go again! (Hmmm, I get an idea for tomorrow: D)
the obligatory farewell picture made by Erik can not miss, of course. Introductions for those who know not our Halle pack?
Ok, bottom center, the guy between the two people with the enlightenment (the lights over his head), that's Erik. Now go right around: Fabian, Josie, Annie, Li, Katrin, Chris (who welcomed nebenebei still walking by Japanese high spirits), Philipp, Susi, *__*, Nami, iris, and then the Erik, which the Photo made.
I'm currently totally in the sushi fever. For over a month I go too often in a particular sushi bar in the Shinagawa station. This tempts but also directly on the way home, the station where you're upgrading, without having to go out. Really, I run every day around it. And I love sushi ...
jupp that is "Kaitensushi", so to speak, rotating sushi ... or so. You sit there and can be operated at the passing sushi. Ergo: Man takes down the plates, eats at the sushi and stacks them. Billing is based on the different colored plate.
Kaitensushi is considered cheap sushi because it is just served "on the assembly line." Therefore, the quality is usually rather mediocre. But since Shinagawa is expensive, must already have something, so people come from, so the sushi is really yummy! Highly recommended! I also like to hang
times around in Shibuya. And there it is, because if one knows the place, wonderful dessert bars. And the ice that is really a dream. In the middle of the night, and I get hungry again, a shame! Away with the picture!
On 23rd May I met with some Reitaku Uni-Japanese, who last year were for a year at my university in Germany. Not all, but there also were not all Germans because they know. The Halle's meeting was only just a few days earlier. We went into an izakaya (bar), thank God, because the day was unfortunately rained out completely ...
left to right: Ryoichi, Fukumi, Alex, Yuki, Mariko, *__*, Katrina, Susi, Daiki
we had fun anyway. And the nice staff even made a photo of us! : D huhuhu
, and there was again a lot of gossip, from fiance, lover, and the latest gossip. What more could you want?
On 25th May I went to the Ebisu Oktoberfest. Somehow I manage to actually all October festivities, which come in a year in Tokyo to visit, what? As good as the German food is not there, in Germany it tastes a thousand times better, but it is anyway clear. The beer is everywhere the same. ;))
True Japanese it is in the evenings during the week and always full of the suits take considerable. Namely that come after work down there, and partying. A kind of "socializing". There, they feed it overpriced sausages with sauerkraut and drink overpriced German beer.
And since it is all full and full of ... ask her to him. When we left, they were already, and I felt that was just the beginning, for an hour then made them all.
to view a video.
ignore men babble on and note Beginning of the small plate at the end of the series. That says that one should not hesitate to do there, because that's the end of the series. All right, dear Japanese.
At first June I took some food from my class and friends at the legendary Ramen Ramen Shop "Ramen Jiro," directly at my university. Does not have all day to queue and you must almost always about 1 hour. The portions are beyond reach, so big they are! Moment, no, they have nothing to do. A few get it all down - I even know a girl who can! Where the feed is a mystery to me ...
left to right: Dan (USA), Ruby (CN), Yu-jin (New Zealand), Chris (D), Sharice (Taiwan), * _ *, Michael (Shanghai)
Again a colorful group. By the way, we are still in the picture behind the building, Chris has a grandpa before us in the series just asked if he could take a picture. He was a little confused ...
Well, then we were in the last building. Very small udn narrow there, so we did not sit together directly. Here we see Dan, *__*, Michael. I was almost pappsatt, and there are obviously some of Ramen. Dan has done it and was the hero of the day.
it, then tell me one time, all Americans are fat!
On 6th June I went with Annika at the zoo.
No, rubbish! Ok, we were next to the Ueno Zoo, but we went to an art museum. If you're schonmal at the other end of the world, you should educate themselves sometimes, right? Annie also had to go there anyway for her art class at Keio. And there is boring alone, she took me the same.
And to sweeten the way to the concentrated knowledge, I allowed myself ...
... a chocolate-colored banana! Yes, exactly, a chocolate-banana, non-toxic! could)
seeing you then in the Kusntmuseum other things, the way was super yummy that:
Buddha statues ...
swords ...
A garden. can provide explanations
I hardly, because everything was more great art without explanation (I would even sometimes interested in who owned these things, for what purpose, when was that done with it ... but it was just a pure art museum .. .). So I had to make do with my fantasy. But that was very entertaining.
And no, even if it sounds different, it was interesting!
And here again a group picture, we both at the feast. Previously by Mc Duck stocked with burgers, then in the Ueno Park to feed the lake.
also be seen as my new glasses. But little.
So, it is 2 clock at night, I have to get up early tomorrow, so people can read it! 
What makes a Kristin all day in Japan?
I figured since I'm so busy, I'll show you what keeps me in Japanese so busy. ;)
First we went on in the Golden Week early May on the beach between Tokyo and Chiba. It was wonderfully warm on that day, a perfect beach day!
When at last we were there (yes, we soon had to run for an hour - because of "next door", I had blisters on his feet, remember I was still ...), the first on the own food in German Hergemacht manner. Man was that great! And just the summer, finally. It was quite cold but every now and then.
to see clearly, we knew we could rumbringen the day. And contrary to the images there was also sand. Only one was not so good, the stairs were even better - and safer from the approaching flood.
was then also used by some of us (me included), a little splash in the water and each other to get wet;)
On 8th May came out for the great Halle-are-in-Tokyo meeting. Was not that easy to get us to 13 little people under one roof. It then went to the Indians ... or something ... anyway meant Plätchen "Toms Bar", why was always Tom, the Indian food and totally delicious! Wow, since you can go again! (Hmmm, I get an idea for tomorrow: D)
the obligatory farewell picture made by Erik can not miss, of course. Introductions for those who know not our Halle pack? Ok, bottom center, the guy between the two people with the enlightenment (the lights over his head), that's Erik. Now go right around: Fabian, Josie, Annie, Li, Katrin, Chris (who welcomed nebenebei still walking by Japanese high spirits), Philipp, Susi, *__*, Nami, iris, and then the Erik, which the Photo made.
I'm currently totally in the sushi fever. For over a month I go too often in a particular sushi bar in the Shinagawa station. This tempts but also directly on the way home, the station where you're upgrading, without having to go out. Really, I run every day around it. And I love sushi ...
jupp that is "Kaitensushi", so to speak, rotating sushi ... or so. You sit there and can be operated at the passing sushi. Ergo: Man takes down the plates, eats at the sushi and stacks them. Billing is based on the different colored plate.
Kaitensushi is considered cheap sushi because it is just served "on the assembly line." Therefore, the quality is usually rather mediocre. But since Shinagawa is expensive, must already have something, so people come from, so the sushi is really yummy! Highly recommended! I also like to hang
times around in Shibuya. And there it is, because if one knows the place, wonderful dessert bars. And the ice that is really a dream. In the middle of the night, and I get hungry again, a shame! Away with the picture!
On 23rd May I met with some Reitaku Uni-Japanese, who last year were for a year at my university in Germany. Not all, but there also were not all Germans because they know. The Halle's meeting was only just a few days earlier. We went into an izakaya (bar), thank God, because the day was unfortunately rained out completely ...
left to right: Ryoichi, Fukumi, Alex, Yuki, Mariko, *__*, Katrina, Susi, Daiki we had fun anyway. And the nice staff even made a photo of us! : D huhuhu
, and there was again a lot of gossip, from fiance, lover, and the latest gossip. What more could you want?
On 25th May I went to the Ebisu Oktoberfest. Somehow I manage to actually all October festivities, which come in a year in Tokyo to visit, what? As good as the German food is not there, in Germany it tastes a thousand times better, but it is anyway clear. The beer is everywhere the same. ;))
True Japanese it is in the evenings during the week and always full of the suits take considerable. Namely that come after work down there, and partying. A kind of "socializing". There, they feed it overpriced sausages with sauerkraut and drink overpriced German beer.
And since it is all full and full of ... ask her to him. When we left, they were already, and I felt that was just the beginning, for an hour then made them all.
to view a video.
ignore men babble on and note Beginning of the small plate at the end of the series. That says that one should not hesitate to do there, because that's the end of the series. All right, dear Japanese.
At first June I took some food from my class and friends at the legendary Ramen Ramen Shop "Ramen Jiro," directly at my university. Does not have all day to queue and you must almost always about 1 hour. The portions are beyond reach, so big they are! Moment, no, they have nothing to do. A few get it all down - I even know a girl who can! Where the feed is a mystery to me ...
left to right: Dan (USA), Ruby (CN), Yu-jin (New Zealand), Chris (D), Sharice (Taiwan), * _ *, Michael (Shanghai) Again a colorful group. By the way, we are still in the picture behind the building, Chris has a grandpa before us in the series just asked if he could take a picture. He was a little confused ...
Well, then we were in the last building. Very small udn narrow there, so we did not sit together directly. Here we see Dan, *__*, Michael. I was almost pappsatt, and there are obviously some of Ramen. Dan has done it and was the hero of the day. it, then tell me one time, all Americans are fat!
On 6th June I went with Annika at the zoo.
No, rubbish! Ok, we were next to the Ueno Zoo, but we went to an art museum. If you're schonmal at the other end of the world, you should educate themselves sometimes, right? Annie also had to go there anyway for her art class at Keio. And there is boring alone, she took me the same.
And to sweeten the way to the concentrated knowledge, I allowed myself ...
... a chocolate-colored banana! Yes, exactly, a chocolate-banana, non-toxic! could) seeing you then in the Kusntmuseum other things, the way was super yummy that:
Buddha statues ... 
swords ...
A garden. can provide explanations
I hardly, because everything was more great art without explanation (I would even sometimes interested in who owned these things, for what purpose, when was that done with it ... but it was just a pure art museum .. .). So I had to make do with my fantasy. But that was very entertaining.
And no, even if it sounds different, it was interesting!
And here again a group picture, we both at the feast. Previously by Mc Duck stocked with burgers, then in the Ueno Park to feed the lake.
also be seen as my new glasses. But little.
So, it is 2 clock at night, I have to get up early tomorrow, so people can read it!
Saturday, June 5, 2010
Gta San Andreas Black Bandana
institutions action in the deployment of the Bundeswehr at the G8 summit in Heiligendamm in June in 2007
The institution litigation, the question whether the Federal Government as a defendant before the deployment of the Bundeswehr at the G8 summit in Heiligendamm in June 2007 had the approval of the German Bundestag have to obtain.
In the period from 06 until 08.06.2007 took place under German Presidency in Heiligendamm in Mecklenburg-Vorpommern the 33rd Meetings of the World Economic Summit of the G8, under the motto "Growth and responsibility" instead.
The competent security authorities were in view of previous experience with the G8 summits assumed that not all of the announced demonstrations would be peaceful. In addition, the Federal Criminal Police classified the Federal Republic of Germany because of Islamist terrorism as a part of the Europe-risk area, should be expected, in the attacks during the summit with. The security authorities of Mecklenburg-Vorpommern then developed in close cooperation with other Security agencies a comprehensive security concept. It was assumed that in order to grasp the complex and comprehensive tasks, the limit of the performance of the everyday organization of the police would be exceeded.
The state of Mecklenburg-Vorpommern and the federal government came ahead of the summit also expressed the opinion that Mecklenburg-Vorpommern occasion without assistance of the Federation and other countries to ensure the safety of the summit would be overwhelmed. By letter of 21.03.2006, the interior minister of Mecklenburg-Vorpommern turned to the Federal Minister of Defence and in general terms to support the armed forces by providing of accommodation, supply and disposal capacity, and yet to be specified technical equipment. The Federal Minister for Defence, said the interior minister of Mecklenburg-Vorpommern letter from 08.05.2006 the technical and logistic support in principle. It took the federal government and the country believe that these are among the measures to be taken to provide assistance.
to the services in the following support services to the armed forces were involved about 1,100 soldiers and civilian employees.
relates the arguments of the applicant in this case solely on the reconnaissance flights of Tornado aircraft, the use of surveillance systems Fennec (scout car), support in ensuring air safety, the establishment of a mobile medical emergency service and the deployment of military police forces.
The Home Office Mecklenburg-Vorpommern requested the use of Tornado aircraft for reconnaissance purposes, as the security agencies by police forecasts expected to deal that seek G8 summit opponents would, blocks to build on the access roads to Heiligendamm and Rostock-Laage. In particular, it was feared that they create Erddepots for tools and resources and manipulation make to blockade streets as undercutting or undermining would. The aim of the reconnaissance was the recognition of that.
The Tornado reconnaissance systems are equipped with a camera cassette, with the images using optical cameras and infrared sensors can be made and so the accurate detection of changes in the soil is possible.
The optical images are suitable according to the Federal Government as a defendant for lack of sufficient resolution but not to identify people.
The Federal Minister of Defence approved on 26.04.2007 the implementation of two reconnaissance flights. As a result, a total of seven missions with a Tornado aircraft were flown. The flight time was in each case between one and two and a half hours. The last flight was on the Reddelich populated protesters camp the minimum altitude of 500 feet for the duration of 1 minute and 22 seconds exceeded by 119 feet. Images on the flights were made to see where some people are, but they can not be identified. None of the flights, the cannons of the Tornado aircraft were resupplied. The cannons are an integral part of the tornadoes. With the naked eye, the mouth openings of only a small distance can be seen.
further requested the Ministry of Interior of Mecklenburg-Vorpommern the use of nine closed Spähsystemen Fennec, consisting of a scout car to the ground reconnaissance. The Fennec is Spähsystem its amenities including optical sensors, day and night for the widespread observation of off-road sections suitable. The Federal Minister of Defense also approved this application on 04.06.2007.
The Spähsysteme were used to monitor areas and roads, and the approach routes to the summit participants and were instructed to observe and report observations to the police. It was not a recorded video or audio materials, primarily made no photos. The weapons facilities had been dismantled.
After the Home Office in the State of Mecklenburg-Vorpommern had requested the support to respond to threats from the air by flying objects were civilian, to ensure safety used in the air three AWACS aircraft as part of NATO's Association, an air situation picture generated.
was also the Air Force prepared before and during the G8 summit four aircraft and eight aircraft Fighter € phantom. On specific core hours were two fighter planes in the air to reduce response times for the case of the intervention to a minimum. The fighters were armed. In any case, they had to actually intervene.
sought to secure the emergency medical care during the summit, the state of Mecklenburg-Vorpommern also establishing a mobile medical emergency center of the Bundeswehr. That request came after the armed forces. The Institutions were run by medical soldiers.
To ensure the work of the 83 medical soldiers military police were deployed in shifts. This was according to the Federal Government measures for self protection and not to provide assistance. The medical soldiers and military police were uniformed and armed. They made on the grounds of the hospital's Bad Doberan and outside photos in which civilians are seen.
The Group of Alliance 90/The Greens in the German Bundestag requested to determine now that the federal government in that it has failed, before the deployment of the Bundeswehr at the G8 summit in Heiligendamm, the German Bundestag to deal with it has violated the rights of the German Bundestag under Article 87a II GG.
The request is directed to the interpretation of the Basic Law in the event of disputes concerning the rights and obligations of constitutional bodies. So here there is an institution litigation, for which the Federal Constitutional Court under Article 93 I No. 1 Basic Law, § § 13 I No. 5, § § 63 ff BVerfGG is responsible. In the relationship between the German Bundestag and Federal Government legislative powers and other rights of participation of the German Bundestag are rügefähig. Here is the part of the fraction, a lack of cooperation on the deployment of the armed forces alleging the occasion of the G8 summit.
is questionable, but whether the applicant is a fraction of the German Bundestag in the organ proceedings under § § 13 No. 5, § § 63 ff BVerfGG party to. As a member of the German parliament, it could make under § 64 Law on the FCC's participation rights through a genuine process shaft as claimed.
comes as an application has this omission of the defendant into consideration. The involvement of the German Bundestag was omitted in this case. This is also the federal government would be attributable to a defendant. Due to the nature of the Bundeswehr as a parliamentary army and because of the provisions of Article 87a II GG GG in conjunction with Article 35, the participation of the German Parliament was constitutionally due. The applicant would like found know that the use of the armed forces without sufficient constitutional authorization had been ordered and therefore rights of the German Parliament for the purposes of § 64 Federal Constitutional Court Act had been violated.
The applicant is also based on their application for power. For this it is sufficient that the alleged injury is not on the facts put forward to exclude from the outset. Article 87a II GG have the function to ensure the rights of the German Parliament to legislate. For the competence-protective nature of Article 87a II GG also speak to the Basic Law to the Parliament in general questions of the armed forces play a strong role assigns. Article 87a II GG is the opinion of the applicant not only a character objectively legal. The request for authority to here result directly from Article 87a II GG, ie, the Constitution reserved for use of the armed forces in the interior.
is the request, according to the applicant also justified because there had been in the use of Tornado aircraft, armored cars Fennec, the fighters, the military police and medical soldiers for a deployment of the armed forces within the meaning of Article 87a II GG and this can not be based on Article 35 GG, especially not to have Article 35 I GG, can.
The defendant claims that the request is unfounded, however. II § 64 requires the applicant to the Federal Constitutional Court Act, provided the Standard has been violated by the failure was. The applicant designates this Article 87a II GG GG in conjunction with Article 35 injured as standards. These are, however, the German Bundestag, however, give no rights body. Article 87a II GG has a purely objective content.
The character of the Bundeswehr as a parliamentary army would establish an unwritten parliamentary approval for use of armed forces, but not the subjective legal nature of Article 87a II GG. ceiling, even if Article 87a II GG is protecting third, then the injured as alleged by the applicant individual right not subject to the procedure. The violation is clear from the excess of the threshold used. It would have been but also may change as the previous involvement of the German Bundestag nothing. A concurring decision could have a bet with the Article 87a II GG is not compatible, are not constitutional. In this case, rather a constitutional amendment was necessary.
The Constitutional Court concluded that the application in institutions action is clearly unfounded.
outset, the Court clearly the organ dispute on the interpretation of the Basic Law in the event of disputes concerning the rights and obligations of constitutional bodies, acc. Article 93 I No. 1 Basic Law aims. The Basic Law was the German Parliament as a legislator, but not used as a comprehensive "legal supervisory authority" over the federal government. From the Basic Law can not have its own legal rights of the German Parliament to the effect that any material or formally unconstitutional actions remain under the Federal Government.
with rights within the meaning of § 64 I BVerfGG are therefore only meant those rights that are conferred upon the applicant to ensure the exercise of his powers. The jurisprudence of the Constitutional Court has therefore recognized that fundamental rights such as rights of the German Bundestag in the sense of § 64 I BVerfGG not able to justify. A right within the meaning of § 64 I BVerfGG grows beyond the German Bundestag not every provision of the Basic Law with a view to a result that can be modified by Article 79 I, II GG none of these provisions without the assistance of the German Bundestag or repealed. Only when a provision creates rights or obligations even in the sense of § 64 I Federal Constitutional Court Act, may be befugtermaßen alleging its violation.
What is lacking in the opinion of the Constitutional Court already at the request of competence. The application of the Group is therefore already permitted.
Assuming a violation of Article 87a II GG fact that the armed forces would have been used in, not that it was the defense and that this was not allowed in the Basic Law explicitly, would have according to the Federal Constitutional Court, by a prior consent of the German Bundestag no constitutional state can be produced. Through the cooperation of the German parliament would be a constitutional violation of the defendant is not cured, but at deepened. In the case of exceeding the limits of Article 87a II GG to produce a constitutional state rather a constitutional amendment was necessary.
The application noted that the acceptance of one of caught up in dispute in the use of the armed forces and not by the rights of the German Parliament have been violated, remains evident in the matter without success. It is not obvious, Article 87a II GG that could be an appropriate requirement for consent to remove. The Constitutional Court has derived only for international use of the Bundeswehr, the requirement of the constitutive agreement of the German Bundestag. authorized
In relation to internal use of the armed forces in the defense case, that is where the armed forces under Article 87a III GG are or may be authorized to protect civilian property and to carry out tasks of traffic control, there is the involvement of the legislative bodies of the the German Bundestag with the consent of the Bundesrat to be taken prior authentication of the defense case.
A general right of approval of the German Bundestag Relation to specific uses of the Bundeswehr in its territory is not to refer to the Basic Law now. This applies regardless of whether the defense case exists, for even Article 87a GG III does not include the approval of the German Bundestag on the actual use of armed forces.
The Constitutional Court had also addressed in his previous case law the defense of parliamentary approval constitutional law only as an effective co-decision rights of the German Parliament in matters of foreign violence. The court had held that the Basic Law, the decision on war and peace the German Bundestag not only with regard to the finding of the defense case, but also for use has transferred armed forces in systems of mutual collective security within the meaning of Article 24 II GG. The federal government is empowered thereby to further develop the contractual basis for a system of mutual collective security in the forms of international law without the participation of the German Bundestag, as long as it has issued with the approval of statutory authorization does not go and therefore not ultra vires acts. The Alliance policy freedom of the federal government ends where it comes to be located within the state as to whether the Bundeswehr soldiers participate in a particular application, which was agreed in the Alliance. The responsibility for this lies in the hands of the German Bundestag.
But it is not clear to what extent equity securities of the German Parliament in view of uses of the Bundeswehr in the interior could also exist where the Constitution it does not provide for themselves, that is, over that of Article 87a III GG underlying specified statement of defense out. From the context of foreign missions of the Bundeswehr designation used as a parliamentary army alone can derive no authority of the German Bundestag.
Even where taking into account the support of the application the request of the applicant can be understood as meaning that they would like it to put it to use the armed forces with a view of the Constitution subject to the Article 87a II GG to a constitutional basis, and thus lacked the rights of the German Parliament have been violated, the application is unsuccessful. Article 87a II GG can not convey a right of the German Parliament for the purposes of § 64 I Federal Constitutional Court Act. The Constitutional Court has so far
expressly left open the question whether Article 87a II GG have expertise protective nature, and thus creates rights within the meaning of § 64 I Federal Constitutional Court Act. To what the applicant is found to do this and also otherwise, nothing indicated that this issue should now be answered in their favor.
, the Armed Forces are used for non-defense only, under Article 87a II GG, where the Basic Law expressly permits. Article 87a II GG is, therefore, the principle can be seen that in any case need a deployment of the armed forces in the interior, but not providing the defense, a constitutional basis. For jobs in the norm in the country who go beyond the Basic Law approved cases, therefore, a constitutional amendment is required. In the case of exceeding the limits of Article 87a II GG to the German parliament would be affected only in his capacity as a legislator verfassungsändernder. The position as verfassungsändernder legislature grants the German Bundestag, but just not have a right within the meaning of § 64 I a Federal Constitutional Court Act. Him otherwise by way of an abstract body dispute procedure Control of the constitutionality of the conduct of the defendant's absolutely possible. The German Bundestag (or its fractions), the violation of a provision of the Basic Law only befugtermaßen notice of litigation in the organ, if this gives him his own rights and obligations founded. Article 87a II GG gives the German Bundestag, but beyond the constitutional reservation no rights.
Even the wording of the rule is not a guide to refer to the fact that the German Parliament here right within the meaning of § 64 I Federal Constitutional Court Act would be transferred. The German Bundestag is not mentioned in Article 87a II GG.
takes of this case were involved, the Federal Constitutional Court are more likely to that the complaint raised, was to serve primarily the assertion of possible breaches of fundamental rights. Main concern of the applicant whether to certify that the overflights of the demonstrators camps with Tornado aircraft, the taking of photographs from the air as well as the observation by the Spähsysteme "Fennec" the fundamental rights of demonstrators and top opponents have violated.
But even if one were to assume that the measures taken would have interfered with fundamental rights, could not the German Bundestag infringing rights of individuals make in the way of the institution at issue before the Federal Constitutional Court argued. This is also the case that the threshold for use of the armed forces within the meaning of Article 87a II GG was exceeded. The complaint of violations of fundamental rights in the constitutional process must also be in this situation the parties concerned, by means of individual constitutional complaint pursuant. Article 93 I No. 4 a GG, are reserved.
Conclusion: state organization law proceedings, as here, the treated organ litigation, deserve more special attention. In the first state audit body of litigation are especially popular. This is also true in the present Judgement, even if the Constitutional Court the application can already fail at the request of competence.
Because of the constitutional reservation for Bundeswehr missions within the country, beyond the GG in cases other go, a constitutional amendment necessary. The German Bundestag is thus regarded in its position as verfassungsändernder legislature, which he acknowledges in principle no individual rights within the meaning of § 64 I Federal Constitutional Court Act. From Article 87a II GG is the German Bundestag, beyond the constitutional reservation, fail to make your own rights.
BVerfG v. 04.05.2010 - 2 BvE 5 / 07
Federal Constitutional Court, Press Release No. 35/2010 01.06.2010 v. 
The institution litigation, the question whether the Federal Government as a defendant before the deployment of the Bundeswehr at the G8 summit in Heiligendamm in June 2007 had the approval of the German Bundestag have to obtain.
In the period from 06 until 08.06.2007 took place under German Presidency in Heiligendamm in Mecklenburg-Vorpommern the 33rd Meetings of the World Economic Summit of the G8, under the motto "Growth and responsibility" instead.
The competent security authorities were in view of previous experience with the G8 summits assumed that not all of the announced demonstrations would be peaceful. In addition, the Federal Criminal Police classified the Federal Republic of Germany because of Islamist terrorism as a part of the Europe-risk area, should be expected, in the attacks during the summit with. The security authorities of Mecklenburg-Vorpommern then developed in close cooperation with other Security agencies a comprehensive security concept. It was assumed that in order to grasp the complex and comprehensive tasks, the limit of the performance of the everyday organization of the police would be exceeded.
The state of Mecklenburg-Vorpommern and the federal government came ahead of the summit also expressed the opinion that Mecklenburg-Vorpommern occasion without assistance of the Federation and other countries to ensure the safety of the summit would be overwhelmed. By letter of 21.03.2006, the interior minister of Mecklenburg-Vorpommern turned to the Federal Minister of Defence and in general terms to support the armed forces by providing of accommodation, supply and disposal capacity, and yet to be specified technical equipment. The Federal Minister for Defence, said the interior minister of Mecklenburg-Vorpommern letter from 08.05.2006 the technical and logistic support in principle. It took the federal government and the country believe that these are among the measures to be taken to provide assistance.
to the services in the following support services to the armed forces were involved about 1,100 soldiers and civilian employees.
relates the arguments of the applicant in this case solely on the reconnaissance flights of Tornado aircraft, the use of surveillance systems Fennec (scout car), support in ensuring air safety, the establishment of a mobile medical emergency service and the deployment of military police forces.
The Home Office Mecklenburg-Vorpommern requested the use of Tornado aircraft for reconnaissance purposes, as the security agencies by police forecasts expected to deal that seek G8 summit opponents would, blocks to build on the access roads to Heiligendamm and Rostock-Laage. In particular, it was feared that they create Erddepots for tools and resources and manipulation make to blockade streets as undercutting or undermining would. The aim of the reconnaissance was the recognition of that.
The Tornado reconnaissance systems are equipped with a camera cassette, with the images using optical cameras and infrared sensors can be made and so the accurate detection of changes in the soil is possible.
The optical images are suitable according to the Federal Government as a defendant for lack of sufficient resolution but not to identify people.
The Federal Minister of Defence approved on 26.04.2007 the implementation of two reconnaissance flights. As a result, a total of seven missions with a Tornado aircraft were flown. The flight time was in each case between one and two and a half hours. The last flight was on the Reddelich populated protesters camp the minimum altitude of 500 feet for the duration of 1 minute and 22 seconds exceeded by 119 feet. Images on the flights were made to see where some people are, but they can not be identified. None of the flights, the cannons of the Tornado aircraft were resupplied. The cannons are an integral part of the tornadoes. With the naked eye, the mouth openings of only a small distance can be seen.
further requested the Ministry of Interior of Mecklenburg-Vorpommern the use of nine closed Spähsystemen Fennec, consisting of a scout car to the ground reconnaissance. The Fennec is Spähsystem its amenities including optical sensors, day and night for the widespread observation of off-road sections suitable. The Federal Minister of Defense also approved this application on 04.06.2007.
The Spähsysteme were used to monitor areas and roads, and the approach routes to the summit participants and were instructed to observe and report observations to the police. It was not a recorded video or audio materials, primarily made no photos. The weapons facilities had been dismantled.
After the Home Office in the State of Mecklenburg-Vorpommern had requested the support to respond to threats from the air by flying objects were civilian, to ensure safety used in the air three AWACS aircraft as part of NATO's Association, an air situation picture generated.
was also the Air Force prepared before and during the G8 summit four aircraft and eight aircraft Fighter € phantom. On specific core hours were two fighter planes in the air to reduce response times for the case of the intervention to a minimum. The fighters were armed. In any case, they had to actually intervene.
sought to secure the emergency medical care during the summit, the state of Mecklenburg-Vorpommern also establishing a mobile medical emergency center of the Bundeswehr. That request came after the armed forces. The Institutions were run by medical soldiers.
To ensure the work of the 83 medical soldiers military police were deployed in shifts. This was according to the Federal Government measures for self protection and not to provide assistance. The medical soldiers and military police were uniformed and armed. They made on the grounds of the hospital's Bad Doberan and outside photos in which civilians are seen.
The Group of Alliance 90/The Greens in the German Bundestag requested to determine now that the federal government in that it has failed, before the deployment of the Bundeswehr at the G8 summit in Heiligendamm, the German Bundestag to deal with it has violated the rights of the German Bundestag under Article 87a II GG.
The request is directed to the interpretation of the Basic Law in the event of disputes concerning the rights and obligations of constitutional bodies. So here there is an institution litigation, for which the Federal Constitutional Court under Article 93 I No. 1 Basic Law, § § 13 I No. 5, § § 63 ff BVerfGG is responsible. In the relationship between the German Bundestag and Federal Government legislative powers and other rights of participation of the German Bundestag are rügefähig. Here is the part of the fraction, a lack of cooperation on the deployment of the armed forces alleging the occasion of the G8 summit.
is questionable, but whether the applicant is a fraction of the German Bundestag in the organ proceedings under § § 13 No. 5, § § 63 ff BVerfGG party to. As a member of the German parliament, it could make under § 64 Law on the FCC's participation rights through a genuine process shaft as claimed.
comes as an application has this omission of the defendant into consideration. The involvement of the German Bundestag was omitted in this case. This is also the federal government would be attributable to a defendant. Due to the nature of the Bundeswehr as a parliamentary army and because of the provisions of Article 87a II GG GG in conjunction with Article 35, the participation of the German Parliament was constitutionally due. The applicant would like found know that the use of the armed forces without sufficient constitutional authorization had been ordered and therefore rights of the German Parliament for the purposes of § 64 Federal Constitutional Court Act had been violated.
The applicant is also based on their application for power. For this it is sufficient that the alleged injury is not on the facts put forward to exclude from the outset. Article 87a II GG have the function to ensure the rights of the German Parliament to legislate. For the competence-protective nature of Article 87a II GG also speak to the Basic Law to the Parliament in general questions of the armed forces play a strong role assigns. Article 87a II GG is the opinion of the applicant not only a character objectively legal. The request for authority to here result directly from Article 87a II GG, ie, the Constitution reserved for use of the armed forces in the interior.
is the request, according to the applicant also justified because there had been in the use of Tornado aircraft, armored cars Fennec, the fighters, the military police and medical soldiers for a deployment of the armed forces within the meaning of Article 87a II GG and this can not be based on Article 35 GG, especially not to have Article 35 I GG, can.
The defendant claims that the request is unfounded, however. II § 64 requires the applicant to the Federal Constitutional Court Act, provided the Standard has been violated by the failure was. The applicant designates this Article 87a II GG GG in conjunction with Article 35 injured as standards. These are, however, the German Bundestag, however, give no rights body. Article 87a II GG has a purely objective content.
The character of the Bundeswehr as a parliamentary army would establish an unwritten parliamentary approval for use of armed forces, but not the subjective legal nature of Article 87a II GG. ceiling, even if Article 87a II GG is protecting third, then the injured as alleged by the applicant individual right not subject to the procedure. The violation is clear from the excess of the threshold used. It would have been but also may change as the previous involvement of the German Bundestag nothing. A concurring decision could have a bet with the Article 87a II GG is not compatible, are not constitutional. In this case, rather a constitutional amendment was necessary.
The Constitutional Court concluded that the application in institutions action is clearly unfounded.
outset, the Court clearly the organ dispute on the interpretation of the Basic Law in the event of disputes concerning the rights and obligations of constitutional bodies, acc. Article 93 I No. 1 Basic Law aims. The Basic Law was the German Parliament as a legislator, but not used as a comprehensive "legal supervisory authority" over the federal government. From the Basic Law can not have its own legal rights of the German Parliament to the effect that any material or formally unconstitutional actions remain under the Federal Government.
with rights within the meaning of § 64 I BVerfGG are therefore only meant those rights that are conferred upon the applicant to ensure the exercise of his powers. The jurisprudence of the Constitutional Court has therefore recognized that fundamental rights such as rights of the German Bundestag in the sense of § 64 I BVerfGG not able to justify. A right within the meaning of § 64 I BVerfGG grows beyond the German Bundestag not every provision of the Basic Law with a view to a result that can be modified by Article 79 I, II GG none of these provisions without the assistance of the German Bundestag or repealed. Only when a provision creates rights or obligations even in the sense of § 64 I Federal Constitutional Court Act, may be befugtermaßen alleging its violation.
What is lacking in the opinion of the Constitutional Court already at the request of competence. The application of the Group is therefore already permitted.
Assuming a violation of Article 87a II GG fact that the armed forces would have been used in, not that it was the defense and that this was not allowed in the Basic Law explicitly, would have according to the Federal Constitutional Court, by a prior consent of the German Bundestag no constitutional state can be produced. Through the cooperation of the German parliament would be a constitutional violation of the defendant is not cured, but at deepened. In the case of exceeding the limits of Article 87a II GG to produce a constitutional state rather a constitutional amendment was necessary.
The application noted that the acceptance of one of caught up in dispute in the use of the armed forces and not by the rights of the German Parliament have been violated, remains evident in the matter without success. It is not obvious, Article 87a II GG that could be an appropriate requirement for consent to remove. The Constitutional Court has derived only for international use of the Bundeswehr, the requirement of the constitutive agreement of the German Bundestag. authorized
In relation to internal use of the armed forces in the defense case, that is where the armed forces under Article 87a III GG are or may be authorized to protect civilian property and to carry out tasks of traffic control, there is the involvement of the legislative bodies of the the German Bundestag with the consent of the Bundesrat to be taken prior authentication of the defense case.
A general right of approval of the German Bundestag Relation to specific uses of the Bundeswehr in its territory is not to refer to the Basic Law now. This applies regardless of whether the defense case exists, for even Article 87a GG III does not include the approval of the German Bundestag on the actual use of armed forces.
The Constitutional Court had also addressed in his previous case law the defense of parliamentary approval constitutional law only as an effective co-decision rights of the German Parliament in matters of foreign violence. The court had held that the Basic Law, the decision on war and peace the German Bundestag not only with regard to the finding of the defense case, but also for use has transferred armed forces in systems of mutual collective security within the meaning of Article 24 II GG. The federal government is empowered thereby to further develop the contractual basis for a system of mutual collective security in the forms of international law without the participation of the German Bundestag, as long as it has issued with the approval of statutory authorization does not go and therefore not ultra vires acts. The Alliance policy freedom of the federal government ends where it comes to be located within the state as to whether the Bundeswehr soldiers participate in a particular application, which was agreed in the Alliance. The responsibility for this lies in the hands of the German Bundestag.
But it is not clear to what extent equity securities of the German Parliament in view of uses of the Bundeswehr in the interior could also exist where the Constitution it does not provide for themselves, that is, over that of Article 87a III GG underlying specified statement of defense out. From the context of foreign missions of the Bundeswehr designation used as a parliamentary army alone can derive no authority of the German Bundestag.
Even where taking into account the support of the application the request of the applicant can be understood as meaning that they would like it to put it to use the armed forces with a view of the Constitution subject to the Article 87a II GG to a constitutional basis, and thus lacked the rights of the German Parliament have been violated, the application is unsuccessful. Article 87a II GG can not convey a right of the German Parliament for the purposes of § 64 I Federal Constitutional Court Act. The Constitutional Court has so far
expressly left open the question whether Article 87a II GG have expertise protective nature, and thus creates rights within the meaning of § 64 I Federal Constitutional Court Act. To what the applicant is found to do this and also otherwise, nothing indicated that this issue should now be answered in their favor.
, the Armed Forces are used for non-defense only, under Article 87a II GG, where the Basic Law expressly permits. Article 87a II GG is, therefore, the principle can be seen that in any case need a deployment of the armed forces in the interior, but not providing the defense, a constitutional basis. For jobs in the norm in the country who go beyond the Basic Law approved cases, therefore, a constitutional amendment is required. In the case of exceeding the limits of Article 87a II GG to the German parliament would be affected only in his capacity as a legislator verfassungsändernder. The position as verfassungsändernder legislature grants the German Bundestag, but just not have a right within the meaning of § 64 I a Federal Constitutional Court Act. Him otherwise by way of an abstract body dispute procedure Control of the constitutionality of the conduct of the defendant's absolutely possible. The German Bundestag (or its fractions), the violation of a provision of the Basic Law only befugtermaßen notice of litigation in the organ, if this gives him his own rights and obligations founded. Article 87a II GG gives the German Bundestag, but beyond the constitutional reservation no rights.
Even the wording of the rule is not a guide to refer to the fact that the German Parliament here right within the meaning of § 64 I Federal Constitutional Court Act would be transferred. The German Bundestag is not mentioned in Article 87a II GG.
takes of this case were involved, the Federal Constitutional Court are more likely to that the complaint raised, was to serve primarily the assertion of possible breaches of fundamental rights. Main concern of the applicant whether to certify that the overflights of the demonstrators camps with Tornado aircraft, the taking of photographs from the air as well as the observation by the Spähsysteme "Fennec" the fundamental rights of demonstrators and top opponents have violated.
But even if one were to assume that the measures taken would have interfered with fundamental rights, could not the German Bundestag infringing rights of individuals make in the way of the institution at issue before the Federal Constitutional Court argued. This is also the case that the threshold for use of the armed forces within the meaning of Article 87a II GG was exceeded. The complaint of violations of fundamental rights in the constitutional process must also be in this situation the parties concerned, by means of individual constitutional complaint pursuant. Article 93 I No. 4 a GG, are reserved.
Conclusion: state organization law proceedings, as here, the treated organ litigation, deserve more special attention. In the first state audit body of litigation are especially popular. This is also true in the present Judgement, even if the Constitutional Court the application can already fail at the request of competence.
Because of the constitutional reservation for Bundeswehr missions within the country, beyond the GG in cases other go, a constitutional amendment necessary. The German Bundestag is thus regarded in its position as verfassungsändernder legislature, which he acknowledges in principle no individual rights within the meaning of § 64 I Federal Constitutional Court Act. From Article 87a II GG is the German Bundestag, beyond the constitutional reservation, fail to make your own rights.
BVerfG v. 04.05.2010 - 2 BvE 5 / 07
Federal Constitutional Court, Press Release No. 35/2010 01.06.2010 v.
Tuesday, June 1, 2010
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reading announcement
soon find the same place two readings: on Saturday, 12 June 2010 at 19:00 clock and on Tuesday, 22 June 2010 at 19.00 clock, both in the workshop of art professionals, 1 Floor, Hall of Mirrors, Gallitzinstraße 1, 1160 Vienna.
Read by participants of the first and second year of the course, literary writing and the literary salon.
can be our anthology traces, 2010, "acquired in these readings. There 
soon find the same place two readings: on Saturday, 12 June 2010 at 19:00 clock and on Tuesday, 22 June 2010 at 19.00 clock, both in the workshop of art professionals, 1 Floor, Hall of Mirrors, Gallitzinstraße 1, 1160 Vienna.
Read by participants of the first and second year of the course, literary writing and the literary salon.
can be our anthology traces, 2010, "acquired in these readings. There
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