The Constitutional Jurisprudence of the Federal Republic of Germany


Book Description

First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions. Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.




Self-employment Tax


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Combatting Illicit Trade on the EU Border


Book Description

This open access book provides the first-ever comparative study on criminal policy concerning the illicit trade of tobacco, conducted among four comparatively new EU Member States (Lithuania, Poland, Slovakia and Romania) and two "old" EU countries (Germany and Italy). The book addresses the national legal frameworks, current criminological situation regarding illicit trade of tobacco, and the practical challenges faced by national law enforcement authorities in the countries examined. It also considers the international framework, and concludes with a horizontal report. The objective of the book is to highlight legislative and practical challenges in the fight against illegal tobacco products at the national and transnational level, and to formulate recommendations for overcoming them more effectively in Europe.--




The Constitutional Jurisprudence of the Federal Republic of Germany


Book Description

Kommers's comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.




Tax Assignment in Federal Countries


Book Description

Compilation of articles on how revenue sources should be divided among national and subnational levels of government. Articles deal with the following issues: the tax assignment problem, resource and business taxes and local revenues, tax assignment and revenue sharing in Brazil, India, Malaysia and Nigeria USA, Canada, Federal Republic of Germany, Switzerland and Australia.




Immigration Policy in the Federal Republic of Germany


Book Description

German migration policy now stands at a major crossroad, caught between a fifty-year history of missed opportunities and serious new challenges. Focusing on these new challenges that German policy makers face, the authors, both internationally recognized in this field, use historical argument, theoretical analysis, and empirical evaluation to advance a more nuanced understanding of recent initiatives and the implications of these initiatives. Their approach combines both synthesis and original research in a presentation that is not only accessible to the general educated reader but also addresses the concerns of academic scholars and policy analysts. This important volume offers a comprehensive and critical examination of the history of German migration law and policy from the Federal Republic’s inception in 1949 to the present.







America's Germany


Book Description

John J. McCloy was the "wise man" of the Cold War era who had the longest substantial American connection with Germany. A self-made man of great ambition, enormous vitality, and extraordinary tenacity, McCloy served in several government positions before being appointed High Commissioner of Germany in 1949. America's Germany is the first study of McCloy's critical years in Germany. Drawing on deep archival research and interviews, Thomas Schwartz argues that McCloy played a decisive role in the American effort to restore democracy and integrate Germany into Western Europe. Convinced that reunification should wait until Germany was firmly linked to the West, McCloy implemented a policy of "dual containment," designed to keep both the Soviet Union and Germany from dominating Europe. McCloy represented the best and the worst of the values and beliefs of a generation of American foreign policy leaders. He strove to learn from the mistakes made in the aftermath of the collapse of the Weimar Republic, when the West did not do enough to help German democracy survive. Yet his leniency toward convicted Nazi war criminals compromised the ideals for which America had fought in World War II. America's Germany offers an essential history for those wishing to understand the recent changes in Germany and Europe. The book describes a unique period in the relationship between America and Germany, when the two nations forged an extraordinary range of connections--political, economic, military, and cultural--as the Federal Republic became part of the Western club and the new Europe.




Federal Republic of Germany


Book Description

This chapter reviews recent economic developments and economic prospects in which the emergence of the principal imbalances is traced, and their persistent character highlighted in the Federal Republic of Germany. On macroeconomic policies, while one might quibble about the rate of expansion of the money supply or the timing of tax reduction and reform, the paper does not find major errors in the formulation or implementation of policies that would account for the principal economic imbalances. The need to reduce rules and regulations, which act to limit the flexibility and dynamism of the German economy, has been reinforced by the objective of fully liberalizing trade in services within the European Community by 1992. The banking industry is exempt from the provisions of the antitrust law, which prohibits restraints on competition, price collusion, and other collusive agreements. Among economists, there is a broad agreement that structural reforms in Germany would greatly improve economic performance and contribute to external adjustment.