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최근 독일의 기본법개정 동향

Recent trends in the German Basic Law amendment

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Several amendments to the German Basic Law was implemented since 8th October 2008 to the end of 2010, in respond to deployment of the European Union and the global economic crisis. In particular, the Basic Law amended six times during the signing of the Lisbon Treaty, referred to as the 2nd federalism reform, the main contents of the Basic Law was amended. In this study examines the main content from 8 October 2008 amended Basic Law to 21 July 2010 its amendment. Revise the Basic Law of the 53th, according to the Lisbon Treaty, expanding the right of Bundestag and Bundesrat to the problems of the European Union, as a condition of legislation to deal with the enhanced, and of the Law to the basic rights of Bundestag and Bundesrat had been necessary. in this Amendment, The following provision was added to Article 23(European Union –Protection of basic rights. Principle of subsidiarity) hereof. "The Bundestag and the Bundesrat shall have the right to bring an action before the Court of Justice of the European Union to challenge a legislative act of the European Union for infringing the principle of subsidiarity. The Bundestag is obliged to initiate such an action at the request of one fourth of its Members. ……". Revise the Basic Law the 57th, as the reform of federalism in the second stage following the major revisions of the Basic Law due to reform federal system of the first phase of the 28 August 2006, major revisions of the relevant provisions of Finance and the revision of this basic law since 2003, once completed the reform of federalism promoted by the Federal government. The most recently revised Basic Law Article 91e was cooperation in respect of basic support for persons seeking employment.

Abstract

Several amendments to the German Basic Law was implemented since 8th October 2008 to the end of 2010, in respond to deployment of the European Union and the global economic crisis. In particular, the Basic Law amended six times during the signing of the Lisbon Treaty, referred to as the 2nd federalism reform, the main contents of the Basic Law was amended. In this study examines the main content from 8 October 2008 amended Basic Law to 21 July 2010 its amendment. Revise the Basic Law of the 53th, according to the Lisbon Treaty, expanding the right of Bundestag and Bundesrat to the problems of the European Union, as a condition of legislation to deal with the enhanced, and of the Law to the basic rights of Bundestag and Bundesrat had been necessary. in this Amendment, The following provision was added to Article 23(European Union –Protection of basic rights. Principle of subsidiarity) hereof. "The Bundestag and the Bundesrat shall have the right to bring an action before the Court of Justice of the European Union to challenge a legislative act of the European Union for infringing the principle of subsidiarity. The Bundestag is obliged to initiate such an action at the request of one fourth of its Members. ……". Revise the Basic Law the 57th, as the reform of federalism in the second stage following the major revisions of the Basic Law due to reform federal system of the first phase of the 28 August 2006, major revisions of the relevant provisions of Finance and the revision of this basic law since 2003, once completed the reform of federalism promoted by the Federal government. The most recently revised Basic Law Article 91e was cooperation in respect of basic support for persons seeking employment.

참고문헌 (12)

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