Basic Rights, Federal Constitutional Court, Human Dignity, Public Law, Social Welfare Law

The Federal Constitutional Court Eviscerates German Welfare Law. Or does it?

In 2005, the German Bundestag revolutionized social welfare law with the so-called Hartz IV(g) reforms. These reforms were pushed through by former Social Democratic German Chancellor Gerhard Schroeder, and quite possibly ended his political career. The reason? They tightened eligibility criteria, capped the amount of benefits people could receive, and tied the benefits to "cooperation"… Continue reading The Federal Constitutional Court Eviscerates German Welfare Law. Or does it?

European Court of Justice, Federal Administrative Court, Human Dignity

Human Dignity and Laser Tag

The guiding principle of the post-war German legal order is human dignity, which stands symbolically at the very beginning of the modern German constitution, the Basic Law: (1) Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority. But what exactly is human dignity? In common-law countries, it's… Continue reading Human Dignity and Laser Tag

Constitutional Law, Human Dignity, Medical Malpractice, Right to Life

Can Doctors Be Sued for Prolonging Life?

The decision hasn't been published yet (g), but the Federal Supreme Court of Justice (BGH) recently ruled on an appeal involving damages for the prolongation of human life. So far the Court has only published a press release (g), but it contains most of the necessary information. The plaintiff is the son of a man… Continue reading Can Doctors Be Sued for Prolonging Life?