Equality In Law Germany
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Equality In Law Germany
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Author : Klaus Bertelsmann
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-08-28
Equality In Law Germany written by Klaus Bertelsmann and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-28 with Law categories.
Equality In Law Between Men And Women In The European Community Germany
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Author : Klaus Bertelsmann
language : en
Publisher:
Release Date : 1994
Equality In Law Between Men And Women In The European Community Germany written by Klaus Bertelsmann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Affirmative action programs categories.
6.1.2. Burden of proof
Germany S Equality Of Rights As Legal Problem
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Author : Viktor Bruns
language : en
Publisher:
Release Date : 1935
Germany S Equality Of Rights As Legal Problem written by Viktor Bruns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with Germany categories.
Germany S Equality Of Rights As Legal Problem Paper Read At The First Plenary Meeting Of The Academy Of German Law On November 5 1933
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Author : Viktor Bruns
language : en
Publisher:
Release Date : 1935
Germany S Equality Of Rights As Legal Problem Paper Read At The First Plenary Meeting Of The Academy Of German Law On November 5 1933 written by Viktor Bruns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with categories.
Germany S Equality Of Rigths As Legal Problem
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Author : Viktor Bruns
language : de
Publisher:
Release Date : 1935
Germany S Equality Of Rigths As Legal Problem written by Viktor Bruns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with categories.
Country Report Gender Equality
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Author :
language : en
Publisher:
Release Date : 2020
Country Report Gender Equality written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
The German legal system is a federal, statutory law system. The centre of legal thought and practice is the parliamentary statute (although the practice - as we will see - is far more differentiated and fuzzy). The system is hierarchical: federal law takes precedence over state law, and every law has to be in compliance with the Constitution. Due to the federal system, legislative powers are distributed between the federal and the state (Land) level in Germany. Most legislative powers relating to the key issues addressed by the gender equality directives still rest at the federal level. However, over the years, state competences have increased in relation to the civil service and work in the public sector. Legal and political disputes about gender equality are now often linked to the states' equality and higher education laws. Despite the importance of statutory law, areas of significance in respect of gender equality, such as the multitude of social security schemes or many aspects of working life, are shaped not only by federal and state law, but also by collective and works agreements or the internal regulations of professional organisations with a right to self-regulate. Although internal regulations and collective agreements must comply with constitutional requirements, in the opinion of the author of this report, the level of judicial review concerning questions of gender equality in these areas of law leaves a great deal to be desired. In addition, case law plays an important role and decisions of the higher and federal courts may have great influence and impact. Courts are established at the regional, state and federal level. Labour courts deal with discrimination in the field of employment, except for discrimination within the civil service (which falls under the ambit of the administrative courts). The civil courts decide on claims concerning the provision of goods and services under civil law, while the administrative courts are competent for claims against public authorities. There are also specialised courts for social and tax law. Every court in Germany is obliged to examine whether the laws and regulations it intends to apply are in accordance with the Constitution including the constitutional guarantee of gender equality. It is true that only the Federal Constitutional Court is competent to decide on the constitutionality (and thus, validity) of laws enacted by the Federal Parliament (Bundestag) and therefore, all other courts questioning the constitutionality of parliamentary statutes have to refer to the Federal Constitutional Court for a decision ('special judicial review of statutes' or 'referral').1 In addition to statutes, court decisions in violation of the principle of constitutional equality can also be subject to an annulment by the Federal Constitutional Court. The competence to review and, in some cases, decide upon questions of compatibility with constitutional and EU law offers considerable opportunities for courts to further gender equality and to fight gender discrimination. Every court is competent to refer the question of constitutionality of a parliamentary statute to the Federal Constitutional Court and to review non-parliamentary regulations without referral. Every court is competent to directly apply EU gender equality law, to interpret national law in compliance with the EU directives and to refer questions of compatibility with EU law to the CJEU. Although claimants cannot oblige a national court to refer the case to the Federal Constitutional Court when doubting the constitutionality of national law, the refusal of a referral to the CJEU may be challenged before the Federal Constitutional Court as a violation of the right to due process before the legally competent judge.
Germany S Equality Of Rights As Legal Problem
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Author : Viktor Bruns
language : en
Publisher:
Release Date : 1935
Germany S Equality Of Rights As Legal Problem written by Viktor Bruns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with Germany categories.
Eu Non Discrimination Law In The Courts
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Author : Jule Mulder
language : en
Publisher:
Release Date : 2017
Eu Non Discrimination Law In The Courts written by Jule Mulder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Sex discrimination categories.
Equality As A Principle In German And Swiss Constitutional Law
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Author : Gerhard Leibholz
language : en
Publisher:
Release Date : 1954
Equality As A Principle In German And Swiss Constitutional Law written by Gerhard Leibholz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1954 with categories.
Country Report Gender Equality
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Author :
language : en
Publisher:
Release Date : 2022
Country Report Gender Equality written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
The German legal system is a federal, statutory law system. The centre of legal thought and practice is the parliamentary statute (although the practice - as we will see - is far more differentiated and fuzzy). The system is hierarchical: federal law takes precedence over state law, and every law has to be in compliance with the Constitution. Due to the federal system, legislative powers are distributed between the federal and the state (Land) level in Germany. Most legislative powers relating to the key issues addressed by the gender equality directives still rest at the federal level. However, over the years, state competences have increased in relation to the civil service and work in the public sector. Legal and political disputes about gender equality are now often linked to the states' equality and higher education laws. Despite the importance of statutory law, areas of significance in respect of gender equality, such as the multitude of social security schemes or many aspects of working life, are shaped not only by federal and state law, but also by collective and works agreements or the internal regulations of professional organisations with a right to self-regulate. Although internal regulations and collective agreements must comply with constitutional requirements, in the opinion of the author of this report, the level of judicial review concerning questions of gender equality in these areas of law leaves a great deal to be desired. In addition, case law plays an important role and decisions of the higher and federal courts may have great influence and impact. Courts are established at the regional, state and federal level. Labour courts deal with discrimination in the field of employment, except for discrimination within the civil service (which falls under the ambit of the administrative courts). The civil courts decide on claims concerning the provision of goods and services under civil law, while the administrative courts are competent for claims against public authorities. There are also specialised courts for social and tax law. Every court in Germany is obliged to examine whether the laws and regulations it intends to apply are in accordance with the Constitution including the constitutional guarantee of gender equality. It is true that only the Federal Constitutional Court is competent to decide on the constitutionality (and thus, validity) of laws enacted by the Federal Parliament (Bundestag) and therefore, all other courts questioning the constitutionality of parliamentary statutes have to refer to the Federal Constitutional Court for a decision ('special judicial review of statutes' or 'referral').1 In addition to statutes, court decisions in violation of the principle of constitutional equality can also be subject to an annulment by the Federal Constitutional Court. The competence to review and, in some cases, decide upon questions of compatibility with constitutional and EU law offers considerable opportunities for courts to further gender equality and to fight gender discrimination. Every court is competent to refer the question of constitutionality of a parliamentary statute to the Federal Constitutional Court and to review non-parliamentary regulations without referral. Every court is competent to directly apply EU gender equality law, to interpret national law in compliance with the EU directives and to refer questions of compatibility with EU law to the CJEU. Although claimants cannot oblige a national court to refer the case to the Federal Constitutional Court when doubting the constitutionality of national law, the refusal of a referral to the CJEU may be challenged before the Federal Constitutional Court as a violation of the right to due process before the legally competent judge.