Not All Proper – Verfassungsblog


In the present day begins what is known as Karneval within the Rhineland: The so-called fifth season of nonsense, masquerade and doing what you often don’t begins at the moment, on the eleventh of November at 11:11 a.m. The Dionysian precept dances throughout Cologne’s Heu- and Alter Markt to have a good time the unity of the completely different, lie in one another’s arms with strangers, sing together with extra strangers, and getting blissfully wasted with the skinny candy beer they’re brewing in that holiest of German metropoles. That is how the great Catholic order all year long could be endured, the exception confirming the rule, and the order, being what it’s by contradicting contradiction, is kind of alright with all that in the long run, and on Ash Wednesday, as they are saying, ist alles vorbei in any case.

In protestant/heathen Berlin there is no such thing as a such factor as carnival in any respect, everybody has to see for themselves how they’ll address their isolation, and I stand gloomy and unmasqueraded in entrance of my bookshelf and flip although a ebook the existence of which I had virtually forgotten: „Protest!“ it says on the duvet in daring white letters. The English unique title is: „Blueprint for Revolution. Use Rice Pudding, Lego Males, and Different Non-Violent Methods to Galvanise Communities, Overthrow Dictators, or Merely Change the World.“ Its creator is Srdja Popovic, the Serbian activist and co-founder of OTPOR, the non-violent resistance group that used humorous and playful strategies to topple the dictator and conflict prison Slobodan Milosevic, thus turning into a mannequin for democracy actions from Cairo to Kiev. Provoke the rulers to make fools of themselves, to show themselves because the few, the silly, the brutal, that’s the recipe, in distinction to the various, the cool, the enjoyable ones, in different phrases: you! No dictator will final for lengthy when you comply with that script. „With laughter to victory“, one chapter is titled. The ebook is from 2015, a doc of a misplaced period. In the present day, in Belgrade as in Cairo, issues are again to a perennial leaden authoritarian Ash Wednesday, Aleppo is in rubbles, Hong Kong is lifeless silent, Tehran prepares for mass executions at this very second, and Kiev is at conflict.

The present actions of the „Final Era“ and different eco-activists in European cities don’t appear to have a lot use for humour and carnival both. This isn’t humorous in any respect anymore, because the protesters and Markus Söder, for as soon as, fully agree. Grim-faced people are glueing themselves to motorways and throwing soup at work, whereas the various, the cool, the enjoyable ones are caught in site visitors jams and ask themselves what in God’s title is happening. The glued ones‘ contradiction refuses to be dissolved in inebriation and laughter. It sits there, in the midst of our cities, lethal severe and unforgiving. It’s in contradiction to the authorized order, that’s the entire level, that’s the place their protest attracts its energy from. They make themselves punishable, consciously and intentionally, they let themselves be arrested, taken into custody, indicted and sentenced. The protesters know this, they don’t deny it, they count on it. That is what the authorized order basically can’t address.

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Referent für Recht und Politik (m/w/d) gesucht

Die Konrad-Adenauer-Stiftung e.V. sucht zum 01.03.2023 für den Standort Berlin einen Referent für Recht und Politik (m/w/d). Voraussetzung ist ein abgeschlossenes wissenschaftliches Hochschulstudium im Bereich der Rechts- oder Politikwissenschaft (Volljuristinnen und -juristen bevorzugt).

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The temptation is nice to resolve the contradiction in a single route or, relying on political desire, within the different. Can’t it’s one way or the other justified in any case, some ask, can’t it’s nonetheless lawful? Civil disobedience? Freedom of meeting? Necessity below sec. 34 of the Penal Code? It doesn’t appear straightforward to try this with out doing violence to prison regulation and in the end to the information of the case – breaking the regulation as a type of protest. Others are attempting to interrupt the spell by contradicting contradiction much more severely, calling for harsher sanctions, „punishments which can be efficient“ (Söder), i.e. in making the contradiction go away. Whether or not such an escalation could be profitable, and at what worth, is one other matter.

And so it retains sitting there, the contradiction, driving the preservers of order mad with rage. These folks should be enemies of the structure! Alexander Dobrindt, the chief of the Bavarian CSU parliamentary group within the Bundestag, is frothing a couple of nascent „climate RAF„, an allusion to the bloody left-wing terrorism of the Nineteen Seventies and 80s. In Spain and the UK, reporting journalists are arrested on the scene of the protest, as if giving public visibility to the protest have been already a hazardous factor to do. The suspicion that what the protesters are doing isn’t solely legally but in addition democratically disreputable is echoed within the German conservative press. The regulation that you’re taking the freedom of breaking, the „Final Era“ is lectured, consists of „democratically established rules in a free order in which everyone has every opportunity, especially today, to assert their demands both peacefully and intensively„. If local weather safety isn’t arriving quick sufficient for you, why don’t you attempt to persuade a majority to vary the foundations accordingly? Isn’t that what a democracy is for?

However what if it really is a democracy downside that the contradiction factors to? One particular person, one vote, that’s democracy. However local weather change isn’t averted by and doesn’t have an effect on everybody equally. To avert it, motion should be taken at a time when the bulk is made up of various folks than when it arrives. I’m 52 years previous and – not untypical of my technology, I suppose – have spent the longest a part of my life making an attempt to be a part of the various, the cool, the enjoyable ones. I often catch myself considering: I might be 80 in 2050, so fortunately none of this might be my downside as a result of I’ll be lifeless quickly anyway. Can I blame my kids for being undemocratic if they’re beginning to withstand being outvoted by the likes of me?

Majority voting is a process, not an argument. Majority justifies nothing. What the bulk decides for the minority should be justifiable to the minority, or else it’s violence. The hell that can descend upon the present young-persons minority in 2050 on the newest, in line with dependable scientific estimates, because of the democratic choices of the present old-persons majority isn’t justifiable. That’s what the local weather activists‘ contradiction to the „democratically established guidelines in a free order“ makes seen. They even let themselves be punished for that. The least I owe them for that’s my respect.

The week on Verfassungsblog

… summarized by PAULINE SPATZ:

FYNN WENGLARCZYK  exhibits what the dialogue about harder punishments for local weather activists reveals when it comes to understanding of prison regulation, and the risks that include it.

The so-called NSU recordsdata have been leaked. SOO MIN KIM appears at which constitutional safety duties have been violated within the affair.

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»Recht im Kontext« und das Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht laden ein zum Rechtsgespräch mit Armin von Bogdandy (Heidelberg) über „Entstehung und Demokratisierung der europäischen Gesellschaft“ (21. November, 19:00-21:00, Humboldt-Universität zu Berlin). Jetzt anmelden und dabei sein.

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The German authorities plans to job the Federal Administrative Court docket with issuing steerage choices on the state of persecution in sure states in asylum proceedings. VALENTIN FENEBERG & PAUL PETTERSSON touch upon the draft regulation.

The ’state of affairs experiences‘ of the Federal International Workplace are an vital means of information within the asylum process, however are saved categorised data. VIVIAN KUBE & HANNAH VOS demand that these experiences be made publicly out there.

KATHARINA LEUSCH explores whether or not the Austrian regulation regulating party-affiliated foundations might be a mannequin for the German legislator

The FDP has prompt to incorporate „dependable infrastructure“ as a state goal within the Fundamental Regulation. PHILIPP SCHÖNBERGER & MARIE BOHLMANN clarify what this might entail.

The Protestant Church in Germany plans to interchange the chambers liable for elementary points with a so-called „chamber community“. HINNERK WIßMANN is essential of the concept.

The Federal Constitutional Court docket considers the foundations on intelligence knowledge switch to regulation enforcement companies unconstitutional – and is getting twisted up in overly complicated dogma, in line with KAROLINE MARIA LINZBACH.

Following the current ECJ ruling, the German authorities is as soon as once more debating the problem of knowledge retention. In opposition to this backdrop, SOFIANE BENAMOR examines the query of the constitutionalization of safety coverage debate areas.

For a very long time, being threatened with life in jail within the USA with out the prospect of parole was thought of an extradition impediment in Europe. Now the ECtHR has modified its case regulation. MARTEN BREUER explains what’s behind it.

Julian Assange’s authorized recourse within the UK will quickly be exhausted. HENNING GOEKE appears on the penalties of an enchantment to the ECHR within the Assange case, now out there in English.

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Das Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht lädt ein zum MPIL Momentum Buchgespräch „Eine unvollendete Transformation: Zum Verfahrens- und Organisationsrecht des EuGH“ am 21.11., 12:30-14:30 in der BBAW.

Christoph Krenn (MPIL) spricht mit Thomas Henze (EuGH), Ulrich Karpenstein (Redeker Sellner Dahs) und Christoph Möllers (HU Berlin) über sein Buch „The Procedural and Organisational Regulation of the European Court docket of Justice. An Incomplete Transformation“ (CUP, 2022).

Weitere Informationen finden Sie hier.

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If the CJEU follows Advocate Basic Sánchez-Bordona’s opinion on compensation ensuing from knowledge safety infringements, it will undermine the GDPR itself. ALEXIA PATO feedback.

The EU Council is to vote on the Fee’s proposal to withdraw EU budgetary funds from Hungary. PHILIPP LEITNER & JULIA ZÖCHLING argue that Member States needs to be prevented from voting within the Council when their very own alleged misconduct is at stake.

MICAELA MUSACCHIO STRIGONE experiences on the brand new Italian authorities’s  intolerant ‚anti-rave regulation‘ as a threat to the liberty of meeting in disguise.

BERNHARD WEGENER, on the event of the midterm elections, explains why an modification of the U.S. Structure is to not be anticipated regardless of the pressing want for reform and why this constitutional petrification also needs to be a warning to the EU.

When Elon Musk introduced a „content material moderation council“ for Twitter, Meta‘s Oversight Board volunteered itself. LORENZO GRADONI analyses Musk’s choices and the Board’s potential future as a world establishment.

EMILIO PELUSO NEDER MEYER summarizes the state of affairs in Brazil after the Presidential election, what to do and what to hope for now.

The Supreme Court docket of India has reiterated its ban on conducting the so referred to as „two finger take a look at“ on survivors of sexual violence. JANNANI M discusses the affect of the judgment.

Our blog debate on Placing the DSA into Follow: Enforcement, Entry to Justice, and International Implications continues with texts by PIETRO ORTOLANI, DAPHNE KELLER, SEBASTIAN BECKER CASTELLARO & JAN PENFRAT, ALEXANDRA GEESE and MARTIN HUSOVEC.

Our RuleOfLaw podcast with Anwaltverein is again: We concentrate on assaults on attorneys and their work in contexts of democratic backsliding. Within the first episode, LENNART KOKOTT talks to MIKOŁAJ PIETRZAK in regards to the dire state of affairs in Poland.

That’s all for now. All the most effective, and see you subsequent week!

Max Steinbeis



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