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The Judgment of the Administrative Court of Logroño 4336/2023 has recently come to light, and its significance lies not so much in its legal implications but in its symbolic importance. Given that it is the last judgment that will apply the already repealed Animal Protection Law in the Autonomous Community of La Rioja, it seems necessary to provide commentary on the reasons for the lack of protection and the role that the judgment has played under the previous legislation and would have played under the current legal framework. Therefore, we will analyse the legal and political reasons for the repeal and the practical consequences of this decision. [ABSTRACT FROM AUTHOR]

The current debate on party democracy, both in Germany and in the other representative democracies, has revealed a loss of confidence in parties and representative democracy, as well as other changes in the established party systems: there is greater fragmentation, new anti-establishment parties have emerged, and the formation of governments has become more difficult. There is also a shift of power within parties, due to digitalization, among other things, while other forms of political participation are gaining strength. All this calls party democracy into question, also from the point of view of constitutional theory. In view of this, some legal elements that can be considered problematic are highlighted: party financing, opposition rights, intra-party democracy, elements of direct democracy such as citizens’ councils elected by lottery, the banning of parties or the legal control of hate speech and fake news. [ABSTRACT FROM AUTHOR]

Copyright of Revista Española de la Transparencia is the property of Asociacion de Profesionales de la Transparencia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Has the situation of fundamental rights changed in times of the corona pandemic? One thing is certain: the protection of basic rights is not a one-way street that begins with the individual, but a promise of the Basic Law that must be implemented by all state powers. The legal system as such, not just the legal status of the individual, should be a free one. In the last few months, even the case law of the lower courts and the Federal Constitutional Court has proven to be rather pale. The merit of having brought about a fundamental change in the executive decision-making culture within the judiciary belongs in the perception of the author to the Supreme Administrative Court (OVG) Münster, which in its «Gütersloh decision» (OVG Münster, decision of 29.06.2020 - 13 B 940 / 20.NE - Lockdown Gütersloh) showed the way back to a normal proportionality test. [ABSTRACT FROM AUTHOR]

Copyright of Humania del Sur: Revista de Estudios Latinoamericanos, Africanos y Asiáticos is the property of Humania del Sur. Estudios Latinoamericanos Africanos y Asiaticos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article sketches out the main features of the German system of regional participation in the EU decision-making process with the aim of identifying the key strengths and weaknesses of that system. The author will be examining whether the model currently in place allows for a sufficiently rapid and effective response to the EU decision-making process, and whether there is a sufficiently balanced representation of regional and federal interests at the EU level. The article will also contain a proposal as to how the German model of regional participation in the EU decision-making process could be further improved. [ABSTRACT FROM AUTHOR]

The present paper will analyze the procedural autonomy that the Constitutional Court has in order to solve the causes that are put under it knowledge. As it is observed, there are two theses; one of them totally denies the procedural autonomy to the Constitutional Court, but the other one agrees about the procedural autonomy of the Constitutional Court. From my point of view I consider that the Constitutional Court has procedural autonomy, which will be sustained throughout the present investigation. [ABSTRACT FROM AUTHOR]

The Basic Law is the most successful constitution in German history. No previous constitution was longer in force. None reached as high a degree of relevance for the political process and the social order. Although frequently amended its core principles have remained the same. Much of the identity of the Federal Republic before unification was based on the Constitution. It seems significant that, in the absence of a united nation, patriotism was linked to the Constitution. «Constitutional Patriotism» became a well known word. The success is not only a consequence of the legal quality of the constitutional text, but - in contrast to the Weimar Constitution - also of post-war Germany’s lucky development and of the jurisprudence of the Federal Constitutional Court that contributed to the high relevance of the Constitution and its adaptability to new challenges. [ABSTRACT FROM AUTHOR]