Omar Bennett
The Basic Law for the Federal Republic of Germany, also known as the German Constitution, contains a set of fundamental rights, or human rights, that apply to everyone in Germany, regardless of citizenship status. It also includes civil rights, which apply only to German citizens. One such civil right is that no German citizen can be extradited to a foreign country. This means that when another state wants to put a German citizen on trial, the citizen has the right to remain in Germany.
| Characteristics | Values |
|---|---|
| Citizenship | No German can be deprived of their citizenship, except when a corresponding law allows it and the person has another nationality. |
| Extradition | No German can be extradited to a foreign country, except to a member state of the European Union or an international court, provided that the rule of law is observed. |
| Fundamental Rights | The first 19 articles of the Basic Law contain "fundamental rights", which are significant human rights designed to protect individuals from despotism, injustice, and violence from the state. |
| Civil Rights | "Civil rights" apply only to people with German citizenship. |
| Human Dignity | Article 1 of the Basic Law states that human dignity is inviolable and that all state authority shall respect and protect it. |
| Equality | Men and women have equal rights. No person shall be favoured or disfavoured because of sex, parentage, race, language, homeland and origin, faith or religious or political opinions. |
| Freedom of Assembly | All Germans have the right to assemble peacefully and unarmed without prior notification or permission. |
| Freedom of Association | All Germans have the right to form corporations and other associations, except when their aims or activities contravene criminal laws or are directed against the constitutional order or the concept of international understanding. |
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What You'll Learn
- German citizens cannot be extradited to a foreign country
- German citizens have the right to remain in Germany when another state wants to put them on trial
- The constitution protects human dignity and human rights
- The constitution upholds the right to freedom of expression, freedom of the press, and freedom of information
- The constitution safeguards against despotism, injustice, and violence from the state
German citizens cannot be extradited to a foreign country
Germany is one of several countries with laws against extraditing its citizens to foreign jurisdictions. Article 16 of the German constitution, also known as the Basic Law, states that German citizens may not be extradited to foreign countries. This is one of the so-called "fundamental rights" contained in the Basic Law, which are significant human rights designed to protect individuals from despotism, injustice, and violence from the state.
The Basic Law does, however, allow for a different arrangement to be made by law for extraditions to EU Member States and international courts, provided that constitutional principles and the rule of law are observed. The rule of law is a prerequisite for membership of the European Union, and so can be assumed in the case of EU Member States. This means that German citizens may be extradited to another EU country, but only if they are returned to Germany to serve any sentence imposed. There must also be a relevant connection to the requesting Member State, such as the act in question occurring on the requesting state's territory.
Extradition to an international court is based on the requirements of Section 9a IRG (the Law on International Mutual Assistance in Criminal Matters) in conjunction with the international law agreement concluded between Germany and the requesting court. Section 9a IRG regulates the treatment of concurrences between the request of a foreign state and that of a court. If there are no specific requirements within the meaning of Section 9a (1) IRG, the court’s request is to be given priority. Extraditions are prohibited as long as proceedings before an international court are still pending, and if the court rejects an extradition request, extradition requests on a national basis must also be rejected.
The most common reason for extradition detention is flight risk, which is assessed by taking into account all the circumstances of the case. German courts have ruled that the fact that a person is a foreigner, the gravity of the offence, and the high sentence expectation do not, in themselves, justify assuming a flight risk. However, these are the most common reasons used by German courts to justify extradition detention.
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German citizens have the right to remain in Germany when another state wants to put them on trial
The Basic Law for the Federal Republic of Germany, established in West Germany in 1949, contains a set of fundamental rights designed to protect individuals from despotism, injustice, and violence from the state. These rights apply to everyone in Germany, regardless of residence status. Additionally, there is a set of civil rights that only apply to German citizens.
One of the civil rights in the Basic Law states that German citizens cannot be extradited to a foreign country. This means that when another state wants to put a German citizen on trial, they have the right to remain in Germany and be tried there. However, there is an exception to this rule. If the court in question is an international court or within the European Union, and fair legal proceedings can be guaranteed, the person can be handed over.
The Basic Law also includes provisions for freedom of assembly and association. German citizens have the right to assemble peacefully and unarmed without prior notification or permission. They also have the right to form corporations and other associations, as long as their aims and activities do not contravene criminal laws or are directed against the constitutional order.
Furthermore, German citizens have the right to move freely throughout the federal territory and choose their occupation, place of work, and training. These rights are established within EU law and apply to citizens of other EU countries as well.
In conclusion, the Basic Law for the Federal Republic of Germany guarantees German citizens the right to remain in the country when another state wishes to put them on trial, except in cases of international or EU courts with guaranteed fair legal proceedings. This is just one of the many rights outlined in the Basic Law, which also includes freedoms of assembly, association, movement, and occupation choices.
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The constitution protects human dignity and human rights
The German constitution, or Basic Law, contains a set of "fundamental rights", which are the most significant human rights vis-à-vis the state, designed to protect individuals from despotism, injustice, and violence from the state. These rights apply to everyone in Germany, regardless of residence status.
The Basic Law also includes a set of other rights, referred to as "civil rights", which only apply to people with German citizenship. One such civil right is the right to assemble peacefully and unarmed without prior notification or permission. Another is the right to form corporations and other associations.
The German constitution also explicitly protects human dignity. It states that "the dignity of man is inviolable. To respect and to protect it shall be the duty of all public authority". This is interpreted as meaning that every person has the right to the free development of their personality, as long as they do not violate the rights of others or offend against the constitutional order or moral law.
The constitution also protects human rights, including the right to life and physical integrity, freedom of the person, and equal rights for men and women. No German citizen may be extradited to a foreign country, except in certain specific circumstances.
The constitution, therefore, protects human dignity and human rights by guaranteeing these fundamental freedoms and ensuring that they cannot be taken away without due process.
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The constitution upholds the right to freedom of expression, freedom of the press, and freedom of information
The Basic Law for the Federal Republic of Germany, also known as the German Constitution, upholds the right to freedom of expression, freedom of the press, and freedom of information. These rights are protected by the constitution and are considered fundamental to a democratic society.
The German Constitution guarantees the right to freedom of expression for all individuals, regardless of their residence status in Germany. This right allows people to develop their personalities freely, as long as they do not violate the rights of others or offend against the constitutional order or moral law. It also includes the freedom to assemble peacefully and unarmed, form associations, and live as one desires.
Freedom of the press is also protected by the German Constitution. This right ensures that the press can operate without government interference and can disseminate news and information freely. The press plays a critical role in a democratic society by providing the public with information, especially regarding government affairs and matters of public concern.
The German Constitution further upholds the right to freedom of information, which is closely linked to freedom of the press. This right ensures that individuals have access to information and can receive news and knowledge without restriction.
These rights to freedom of expression, freedom of the press, and freedom of information are essential for maintaining an open and democratic society. They allow for the free flow of ideas, encourage debate and criticism, and provide a check against government power.
In addition to protecting these fundamental freedoms, the German Constitution also includes provisions to prevent the extradition of German citizens to foreign countries. This ensures that German citizens cannot be forcibly removed from Germany to face trial or punishment elsewhere, further safeguarding their rights and freedoms.
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The constitution safeguards against despotism, injustice, and violence from the state
The Basic Law for the Federal Republic of Germany, also known as the German Constitution, contains a set of "fundamental rights" designed to protect German citizens from despotism, injustice, and violence from the state. These rights are the most significant human rights vis-à-vis the state. The constitution also includes a set of "civil rights" that apply only to German citizens.
One of the key ways in which the German Constitution safeguards against despotism is by establishing a democratic and republican constitutional order in the Länder (German states). Each Land, county, and municipality is represented by a body chosen in general, direct, free, equal, and secret elections. This distribution of political power helps to prevent despotism and the consolidation of state authority.
The German Constitution also enshrines the fundamental principles that Germany is a state of law and a democracy. This means that all state authority is derived from the people and that human dignity shall be inviolable and respected and protected by the state. These principles are protected by the Federal Constitutional Court, which monitors and assures compliance with the Basic Law.
Furthermore, the German Constitution guarantees the right to assemble peacefully and unarmed without prior notification or permission. It also guarantees the right to form associations to safeguard and improve working and economic conditions. These rights enable people to organize and collectively pursue common goals, further safeguarding against despotism and state violence.
In addition, the German Constitution prohibits the extradition of German citizens to foreign countries, with some exceptions for extraditions to EU member states or international courts provided that constitutional principles are observed. This provision ensures that German citizens cannot be subjected to foreign legal systems that may not provide the same level of rights and protections.
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Frequently asked questions
The German constitution is known as the Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland). It was established in West Germany in 1949 and has been the definitive constitution of reunified Germany since 1990.
The German constitution grants a set of fundamental rights, which apply to everyone in Germany, regardless of residence status. These rights include the right to life, physical integrity, and freedom. In addition, there are civil rights, which only apply to German citizens, such as the right to assemble peacefully and unarmed, and the right to form corporations and other associations.
The German constitution states that "no German may be extradited to a foreign country." This means that German citizens cannot be sent to another country to be tried or face legal proceedings. There is an exception, however, for extraditions to a member state of the European Union or to an international court, provided that constitutional principles are observed.
