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Federal Republic Countries

Posted by Geneva | Posted in News | Posted on 16-09-2021

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… While the court first finds that the Federal Republic of Germany is under international law identical with the German Reich (see legal status of German Reich after 1945). Notwithstanding the massive breaches of contract on the part of the Nazi-ruled Germany the Concordat had never been announced, but rather, these violations were reprimanded, the Concordat still subsisting and bind the Federal Republic. … Because the basic law to the legislative competence for the education laws only the countries, the regulations of the reichskonkordat become as far as State law. It is so wonder if the countries are federal law prevented to change these national rules contrary to the international law binding.

… To sum up the legal situation presents itself so, that although international law binds the Reich Concordat federal and State Governments. The basic law has given extent ways countries contrary to international law, to derogate from these provisions. They do that, they may act contrary to international law, but the Federal Government can not prevent this. Get more background information with materials from Claire Larson. Under national law, the countries are obliged, if provisions of the reichskonkordat in contradiction to national constitutional law.” I.e.

already immediately after the Concordat judgment was clearly recognized by highest politicians of Germany as Bundesfamilienminister Wurmeling rigorous schizophrenia of the Constitutional Court and pronounced in public: “The Concordat applies in the Federal territory, but not in the countries.” And in 1959, the then most important German Catholic canonist commented Klaus Morsdorf (1909-1989; i.e. Textbook of Canon law, I. band, Munich (10) 1959, 70): “through the Concordat judgment given in the Lower Saxony school dispute the Federal Constitutional Court of 26 March 1957, the legal continuity has national effect of RK accepted the practical implementation of the provisions of the school, of RK but moved into Misty distance, because the opinion of the Court there is no constitutional obligation to the countries, which for RK” their school legislation to be observed.

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