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Leipzig - Street Art

Leipzig - Street Art

Leipzig - Street Art

Leipzig - Street Art

Berlin - Street Art

Berlin - Street Art

Berlin - Street Art

Berlin - Street Art

Leipzig - Street Art

Leipzig - Street Art

Leipzig - Street Art

Leipzig - Street Art

Summary of Article 19 of the German Basic Law (Grundgesetz)

Article 19 of the German Basic Law governs how and under what conditions fundamental rights (basic rights) may be restricted by law. Its main points are:

General Application of Restrictions: Any law that restricts a basic right must apply generally and not just to a single individual case. This ensures that restrictions are not arbitrary or targeted at specific persons

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Citing the Affected Right: The law restricting a basic right must explicitly state which basic right is being limited and refer to the relevant article. This is known as the "citation requirement" and ensures transparency and clarity for citizens

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Essential Content Protection: The essence of a basic right must never be affected. Even when restrictions are allowed, the core content of the right must remain intact and protected

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Application to Legal Entities: Basic rights also apply to domestic legal entities (such as companies or associations), as far as the nature of the right allows

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Legal Remedies: If any person’s rights are violated by public authority, they have the right to seek recourse in the courts. If no other jurisdiction is established, ordinary courts are responsible for such cases

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Conclusion:
Article 19 ensures that restrictions on fundamental rights are lawful, transparent, and limited. It protects the core of each right, extends rights to legal persons, and guarantees access to the courts for anyone whose rights are violated by the state.

Summary of Article 25 of the German Basic Law (Grundgesetz)

Article 25 of the German Basic Law establishes the relationship between international law and domestic law in Germany. Its main points are:

Integration of International Law: The general rules of international law are an integral part of federal law in Germany. They apply automatically and do not require separate national legislation for implementation

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Primacy Over Federal Laws: These rules take precedence over ordinary federal laws. If a federal law conflicts with a general rule of international law, the international rule prevails

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Direct Rights and Duties: The general rules of international law directly create rights and duties for all inhabitants of the federal territory. This means individuals can rely on these rules in German courts, provided the rules are sufficiently clear and self-executing

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Scope: "General rules of international law" mainly refers to customary international law and universally recognized legal principles, not to every international treaty

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Constitutional Hierarchy: While these international rules have priority over ordinary laws, they rank below the Basic Law (the Constitution) itself in the legal hierarchy

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Conclusion:
Article 25 ensures that Germany is open to and bound by the general rules of international law, giving them direct effect and priority over conflicting national laws, while still maintaining the supremacy of the Constitution

## Summary of Article 26 of the German Basic Law (Grundgesetz)

**Content and Purpose**

Article 26 of the German Basic Law (Grundgesetz, GG) prohibits actions that disturb the peaceful coexistence of nations, especially the preparation of a war of aggression. Such actions are unconstitutional and must be prosecuted under criminal law. This provision reflects Germany’s historical responsibility after World War II and sends a clear message against any form of war policy.

**Section 1: Ban on Actions Endangering Peace**

- All actions intended and suitable to disturb world peace, especially the preparation of a war of aggression, are prohibited.
- The ban applies to both state and private actors.
- Two conditions must be met: the action must be objectively suitable to endanger peace and must be carried out with this intention.
- Any support for a war of aggression, including aiding and abetting, is covered.
- The provision protects the principle of peaceful coexistence among nations and should be interpreted in light of international law.

**Section 2: Control of Weapons of War**

- The production, transport, and trade of weapons of war are only permitted with authorization from the Federal Government.
- The aim is to prevent the misuse of weapons for warfare and to support international peace.
- The specific regulations are determined by federal law.

**Legal Consequences and Significance**

- Violations of Article 26 GG are punishable by law, and corresponding legislation must be enacted.
- Military orders or administrative acts that violate this prohibition are void.
- Article 26 GG is not a classical fundamental right but an objective legal norm obligating the state to safeguard peace.

**Systematic Context**

- Article 26 GG is closely linked to the core values of the Basic Law, especially human dignity and the right to life.
- It expresses a constitutional duty to maintain peace and also restricts arms export policies.

**Criticism and Implementation**

- In practice, the implementation of Article 26, especially regarding arms exports, is often debated.
- There is criticism about inconsistent enforcement of the arms export ban and the level of government oversight.

**Conclusion**

Article 26 GG is a key peace provision in German constitutional law, prohibiting both the preparation of wars of aggression and the uncontrolled handling of weapons of war, making such actions punishable. It obliges the state to actively secure peace and control arms exports.

Leipzig - Street Art

Leipzig - Street Art

Leipzig - Street Art

Leipzig - Street Art