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Fundamental rights in the German Constitution

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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 227:
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.
208: 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, 56: 41: 101:
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. 266: 261: 203: 98:
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).
188: 176: 40:) are a set of rights guaranteed to everyone in Germany and partially to German people only through their 74:
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
130: 152:
Rights under the German constitution can also be divided between universal fundamental rights (
48: 113:(those guaranteed by the Federal Constitution) are therefore disregarded in favour of the 180: 245: 184: 82:(rights equal to fundamental rights) or colloquially also as fundamental rights. 236: 134: 19: 59:. In the event that these rights are violated and a remedy is denied by 32: 24: 156:), which are afforded to everyone, and German fundamental rights ( 18: 218:
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 63:, the constitution provides for an appeal to the 16:Set of rights guaranteed to everyone in Germany 237:English translation of the German Constitution 8: 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 7: 14: 214:According to their contents, the 204:citizens of the European Union 71:) (Art. 93 Abs. I Nr. 4a GG). 1: 65:Federal Constitutional Court 57:constitutional institutions 33:Federal Republic of Germany 283: 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 27: 202:also apply for other 154:Jedermann-Grundrechte 22: 200:Deutschengrundrechte 169:Deutschengrundrechte 173:freedom of assembly 90:In addition to the 38:German: Grundrechte 252:Fundamental rights 158:Staatsbürgerrechte 28: 183:(Art. 11 GG) and 49:States of Germany 274: 181:freedom of abode 149:(Art. 1(3) GG). 282: 281: 277: 276: 275: 273: 272: 271: 242: 241: 233: 224: 185:freedom to work 162:Deutschenrechte 123: 88: 17: 12: 11: 5: 280: 278: 270: 269: 264: 259: 254: 244: 243: 240: 239: 232: 231:External links 229: 223: 220: 122: 119: 87: 84: 15: 13: 10: 9: 6: 4: 3: 2: 279: 268: 265: 263: 260: 258: 255: 253: 250: 249: 247: 238: 235: 234: 230: 228: 221: 219: 217: 212: 210: 205: 201: 196: 194: 190: 189:German status 186: 182: 179:(Art. 9 GG), 178: 175:(Art. 8 GG), 174: 170: 165: 163: 159: 155: 150: 148: 144: 140: 136: 132: 128: 121:Applicability 120: 118: 116: 112: 108: 104: 99: 97: 93: 85: 83: 81: 77: 72: 70: 66: 62: 58: 54: 50: 46: 45: 39: 35: 34: 26: 21: 225: 215: 213: 199: 198:Some of the 197: 192: 168: 166: 161: 157: 153: 151: 146: 142: 126: 124: 115:Bundesrechte 114: 111:Bundesrechte 110: 107:Landesrechte 106: 102: 100: 95: 91: 89: 79: 75: 73: 68: 61:other courts 52: 43: 37: 30: 29: 216:Grundrechte 209:TFEU treaty 193:Grundrechte 147:Grundrechte 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 248:: 133:, 105:. 67:( 36:(

Index


Berlin
Federal Republic of Germany
Federal Constitution, the Grundgesetz
States of Germany
constitutional institutions
other courts
Federal Constitutional Court
executive
legislature
judiciary
freedom of assembly
freedom of association
freedom of abode
freedom to work
German status
citizens of the European Union
TFEU treaty
English translation of the German Constitution
Categories
Fundamental rights
Human rights in Germany
Human rights instruments
German constitutional law

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