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Although the
Grundgesetz might be changed with a 2/3 majority of the Bundestag, the original Fundamental Rights are protected by article 19. Modification on the first 18 articles (and article 19) is only allowed as long as the original essential contents are not removed. Where, as has happened in
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with or without residence in
Germany regarding their rights to move freely within Germany or to work. Nevertheless it is disputed whether all German fundamental rights apply to them in light of the prohibition of discrimination contained in Art. 18 (1) of the
94:, the Constitution guarantees a number of other public rights, such as the uniform application of federal law between states (Art.28 (2)(1) GG) and the independence of the church (Art. 137 (3) of the Weimar Constitution and Art. 140 GG). These however are not
145:). It is also irrelevant whether the state was directly or indirectly involved in the violation, whether it acted through public or private law or through legal entities under private law; public bodies are always bound by the
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several instances, articles have been amended to provide for rights not spelled out in the original Basic Law, these extended rights are not protected as
Fundamental Rights.
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187:(Art. 12 GG), as well as the right to vote and stand for public office. The restriction of these rights only to Germans does not just refer to German citizenship,
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There are also lists of fundamental rights in the majority of state constitutions, which vary slightly from one another but are never capable of ruling out a
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are contained in the first title, Articles 1 to 19 of the
Grundgesetz (GG). These rights have constitutional status, binding each of the country's
211:. This article requires that all citizens of the EU are given equal status and equality of protection under all legal systems in the community.
164:), to which only Germans are entitled. The reason for the separation is largely due to democratic will and the protection of sovereignty.
117:. Many state constitutions which were written after the Federal Constitution do not contain their own lists of fundamental rights at all.
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as they are not contained under the first title of the constitution or in the appeal mechanism to the
Federal Constitutional Court.
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contained in Arts. 1-19, but also Art. 20 Abs. I, 33, 38, 101, 103 and 104. These rights are also therefore referred to as
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apply only to
Germans, there are some on which only non-Germans can rely, e.g. right to asylum (art. 16a GG).
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40:) are a set of rights guaranteed to everyone in Germany and partially to German people only through their
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According to this article, the
Constitutional Court is entitled to hear appeals concerning not just the
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have a binding effect on each of the constitutional institutions, regardless of whether it is the
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Rights under the German constitution can also be divided between universal fundamental rights (
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113:(those guaranteed by the Federal Constitution) are therefore disregarded in favour of the
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82:(rights equal to fundamental rights) or colloquially also as fundamental rights.
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59:. In the event that these rights are violated and a remedy is denied by
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156:), which are afforded to everyone, and German fundamental rights (
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can also be divided into freedom rights and equality rights.
109:(i.e. rights guaranteed by state constitutions) which mirror
51:. In the Federal Constitution, the majority of the
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16:Set of rights guaranteed to everyone in Germany
237:English translation of the German Constitution
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191:being regulated by Art. 116 GG. While some
23:The Grundrechte at Jakob Kaiser House,
141:, federally or in one of the states (
47:and the constitutions of some of the
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214:According to their contents, the
204:citizens of the European Union
71:) (Art. 93 Abs. I Nr. 4a GG).
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65:Federal Constitutional Court
57:constitutional institutions
33:Federal Republic of Germany
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42:Federal Constitution, the
31:Fundamental Rights in the
267:German constitutional law
80:grundrechtsgleiche Rechte
262:Human rights instruments
69:Bundesverfassungsgericht
257:Human rights in Germany
177:freedom of association
171:include the rights to
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202:also apply for other
154:Jedermann-Grundrechte
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200:Deutschengrundrechte
169:Deutschengrundrechte
173:freedom of assembly
90:In addition to the
38:German: Grundrechte
252:Fundamental rights
158:StaatsbĂĽrgerrechte
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183:(Art. 11 GG) and
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181:freedom of abode
149:(Art. 1(3) GG).
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135:legislature
127:Grundrechte
96:Grundrechte
92:Grundrechte
76:Grundrechte
53:Grundrechte
44:Grundgesetz
246:Categories
222:Protection
103:Grundrecht
86:Limitation
139:judiciary
131:executive
125:All the
143:Länder
25:Berlin
167:The
160:or
137:or
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67:(
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