The pronouncements of the FCC on the implementation of procedural obligations are fundamentally shaped by the context-dependence of the procedural protection of fundamental rights, the obligations’ positive nature, a wide margin of discretion of the legislature, and judicial restraint. Detailed pronouncements on how the other branches of the German government must implement these are rare. This chapter recalls the problem resulting from the open-ended nature of positive obligations (6.1) and the procedural and material consequences for the FCC’s jurisprudence (6.2).

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Enforceability, Margins of Discretion, and Implementation

  • Benedikt Behlert

摘要

The pronouncements of the FCC on the implementation of procedural obligations are fundamentally shaped by the context-dependence of the procedural protection of fundamental rights, the obligations’ positive nature, a wide margin of discretion of the legislature, and judicial restraint. Detailed pronouncements on how the other branches of the German government must implement these are rare. This chapter recalls the problem resulting from the open-ended nature of positive obligations (6.1) and the procedural and material consequences for the FCC’s jurisprudence (6.2).