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Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germa

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Federal Constitutional Court (ed.)

Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germa

2007

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BVerfGE 19, 226 Judgment of the First Senate of 14 December 1965 – 1 BvL 31, 32/62 “Mixed-marriage church tax case” An employee who is not a member of a church entitled to levy tax cannot be obliged by state law to pay church tax for his or her spouse who is a member of a church, or to be liable for the spouse’s church tax debt. S. 49-56

„… to pay church taxes only because his or her spouse belongs to a church. Judgment of the First Senate …” „… his or her spouse” in subsection 2 is null and void. EXTRACT FROM GROUNDS: A. – I. A legal foundation …” „… on the wage tax card they or their spouse are a member of a church corporate body entitled to levy …”

BVerfGE 19, 268 Judgment of the First Senate of 14 December 1965 – 1 BvR 606/60 “Church tax for mixed-faith spouses case” The splitting principle enshrined in German church tax law (assessment of church tax in mixed-faith marriages in accordance with the combined income of both spouses) is unconstitutional. S. 57-66

„… 35 No. 5 BVerfGE 19, 268 of 14 December 1965 – 1 BvR 606/60 – “Church tax for mixed-faith spouses …” „… which in mixed-faith marriages the church tax of the spouse belonging to a religious society entitled to …” „… levy tax is levied in accordance with half the combined income tax of both spouses, violates Article …”

BVerfGE 73, 388 Order of the Second Senate of 23 October 1986 – 2 BvL 7, 8/84 “Church money case” Empowerment of the church corporate bodies entitled to levy tax to determine the nature and amount of church money in mixed-faith marriages. S. 269-276

„… ] Hamburg from church members whose spouse does not belong to a tax-levying religious community and who are …” „… did not belong to a church entitled to levy tax … [The spouses] had … selected joint assessment [for …” „… income tax] … [(spouse splitting)] … Their joint taxable income (§ 2.5 of the Income Tax Act) … [was] DM …”

Titelei/Inhaltsverzeichnis S. 2-11

„… to pay church tax for his or her spouse who is a member of a church, or to be liable for the spouse’s …” „… “Church tax for mixed-faith spouses case” The splitting principle enshrined in German church tax law …” „… (assessment of church tax in mixed-faith marriages in accordance with the combined income of both spouses) is …”

BVerfGE 32, 98 Order of the First Senate of 19 October 1971 – 1 BvR 387/65 “Freedom of faith and failure to lend assistance case” Extended application of the fundamental right to freedom of faith to punishment for failure to lend assistance. S. 84-91

„… convinced adherent of this community. The marriage, concluded in 1956, had been harmonious, and both spouses …” „… profession of this shared conviction. It was borne by mutual respect for the stance taken by his spouse in a …” „… Code is also not impaired by the duties of spouses to one another and to the children recognised in …”

BVerfGE 30, 415 Order of the First Senate of 31 March 1971 – 1 BvR 744/67 “Church tax liability case” Linking liability to pay church tax to baptism and place of residence. S. 76-83

„… transfer of the income taxpayer or of his or her spouse to the Evangelical Church with the first day of the …”

doi.org/10.5771/9783845205540

Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

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Federal Constitutional Court (ed.)

Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

2013

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BVerfGE 66, 84 Order of the First Senate of 10 January 1984 – 1 BvL 5/83 “Maintenance priority case” Priority under the law of maintenance for the divorced spouse with care of children S. 220-230

„… claim to maintenance of the divorced spouse who is in need by virtue of caring for a child, even if the …” „… new spouse is prevented from working by the care and upbringing of a child (§ 1582.1 sentence 2 of the …” „… far as the claim to maintenance of the divorced spouse is based on § 1570 of the Civil Code and the …”

BVerfGE 42, 95 Order of the Second Senate of 6 April 1976 – 2 BvR 61/76 “Pre-trial detention I case (visiting permission)” Permission for spouses and children of pre-trial detainees to visit outside general visiting days S. 122-126

„… visiting days, for visits by the spouses and children of pre-trial detainees. Order of the Second Senate of …” „… 13 November 1974 on suspicion of economic crimes. His spouse, the second complainant, continues to …” „… rights. It was said to be certainly reasonable to expect his spouse to visit him during the week, using …”

BVerfGE 22, 93 Order of the First Senate of 7 June 1967 – 1 BvR 76/62 “Maintenance I case” Taking Article 6.1 of the Basic Law into account in determining the maintenance of spouses living apart S. 40-44

„… . Since that date, the spouses have lived apart. The complainant petitioned for maintenance, demanding a …” „… broken down, and as was appropriate for her, even after the separation which was the fault of her spouse …” „… is taken into account. … B. 1. If spouses live apart, then under § 1361.1 of the Civil Code each …”

BVerfGE 93, 373 Order of the Second Senate of 16 January 1996 – 2 BvL 4/95 “Case involving a divorced couple’s simultaneous membership of a municipal council” Simultaneous membership of former spouses of the municipal council of a municipality with not more than 20,000 inhabitants S. 355-363

„… spouses of a municipal council, as is provided for in the Municipal Code of Baden-Württemberg …” „… compatible with Article 28.1 sentence 2 of the Basic Law to the extent that it does not permit former spouses …” „… and void to the extent that it does not permit former spouses in municipalities with not more than …”

BVerfGE 109, 256 Judgment of the First Senate of 18 February 2004 – 1 BvR 193/97 “Joint family name case” Unconstitutionality of § 1355.2 of the Civil Code, which prohibits spouses who wish to have a joint family name as their married name the selection of a married name acquired through previous conclusion of marriage S. 681-693

„… ) that according to § 1355.2 of the Civil Code (Bürgerliches Gesetzbuch – BGB) the name of a spouse …” „… the Basic Law insofar as it rules out spouses being able to determine as their married name a family …” „… statutory regulation subject to the proviso that, if the spouses wish to determine on conclusion of marriage …”

BVerfGE 108, 351 Order of the First Senate of 7 October 2003 – 1 BvR 246/93, 2298/94 “Case relating to the splitting advantage in case of spousal maintenance” Unconstitutionality of the consideration of fiscal advantages from a new marriage of a person obliged to provide maintenance in the assessment of the maintenance payable to the former spouse S. 669-680

„… advantages from spousal splitting in the assessment of the maintenance payable to the former spouse. Order of …” „… obliged to provide maintenance in the assessment of the maintenance payable to the former spouse. I. 1. If …” „… a spouse is unable to take care of himself or herself after the divorce, he or she has a maintenance …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… their requests to join their spouses/fathers with respect to the requirements of eight-year residency …” „… constitutionally relevant interference with the residency status of the complainants’ spouses/fathers living here …” „… , of the Basic Law establishes a fundamental right allowing foreign spouses or family members to claim …”

BVerfGE 105, 1 Order of the First Senate of 5 February 2002 – 1 BvR 105, 559/95, 457/96 “Post-marital maintenance case” Equivalence of family work and gainful employment in the assessment of post-marital maintenance S. 530-540

„… ascertained, and how in particular the post-marital income of the spouse entitled to maintenance who was not …” „… spouses during the marriage or indeed the separation period of the spouses. Therefore, the income and …” „… assets at the time of divorce are to be decisive as a rule, unless the income of one spouse took on an …”

BVerfGE 53, 224 Judgment of the First Senate of 28 February 1980 – 1 BvL 136/78, 1 BvR 890/77, 1300, 1440/78, 32/79 “Divorce law case” Dissolution of marriage according to the new law because of breakdown of marriage – also irrefutably presumed after three-year separation –; application to “prior marriages”; hardship clause S. 138-155

„… separation of the spouses (§ 1566.2 of the Civil Code) is compatible with Article 6.1 of the Basic Law. 3 …” „… down. The marriage is deemed to have broken down if the conjugal community of the spouses no longer …” „… exists and it cannot be expected that the spouses restore it. (2) Where the spouses have not yet lived …”

BVerfGE 28, 324 Order of the First Senate of 27 May 1970 – 1 BvL 22/63, 27/64 “Marriage clause case” Incompatibility of the marriage clauses in the orphans’ pension in social pensions insurance with Article 6.1 of the Basic Law S. 75-99

„… as they exclude orphans undergoing training from drawing the pension on marriage even if their spouse …” „… marriage of the orphan even if the spouse is unable to maintain the orphan, and especially to contribute …” „… Law if the spouse is economically unable to contribute towards the costs of vocational training, b) is …”

BVerfGE 6, 55 Order of the First Senate of 17 January 1957 – 1 BvL 4/54 “Taxation of households case” Article 6.1 of the Basic Law is a fundamental provision (binding value decision) and currently binding constitutional law S. 1-19

„… means of interference on the part of the state. Placing spouses at a disadvantage on account of joint …” „… taxation: “§ 26 Taxation of households: Spouses (1) Spouses shall be assessed jointly so long as both are …” „… existed for a minimum of four months during the tax assessment period. (2) The spouses’ income shall be …”

Index S. 937-956

„… Federal Republic 245 · of spouses and family members 255, 261, 272, 274-275, 281-282, 284 – life, focus of …” „… 267-268 – first generation 248, 251, 276-277 · spouses of 248 – second generation 251, 268, 275, 276-277 …” „… · spouses of 274 – workers, recruitment of 273, 277 · stop 247 analogy 315, 317 – analogous application …”

BVerfGE 104, 373 Judgment of the First Senate of 30 January 2002 – 1 BvL 23/96 “Double family names case” Exclusion of double family names S. 515-529

„… ), spouses were given the right to select either the birth name of the husband or of the wife as the married …” „… name. Were the spouses to fail to designate a name, the name of the husband became the married name …” „… until the entry into force of a new statutory provision for cases in which the spouses did not designate …”

BVerfGE 118, 45 Order of the First Senate of 28 February 2007 – 1 BvL 9/04 “Childcare maintenance case” Incompatibility of the different assessment of childcare maintenance because of the care or bringing up of children born in and out of wedlock (§§ 1570 and 1615 l.2 sentence 3 of the Civil Code) with Article 6.5 of the Basic Law S. 779-803

„… since then, a divorced parent may demand maintenance from the former spouse as long as and insofar as he …” „… child. a) The legislature stated as grounds for this claim that the joint economic basis of the spouses …” „… responsibility of the spouses for one another was however said to continue beyond a divorce in certain cases, for …”

BVerfGE 61, 358 Judgment of the First Senate of 3 November 1982 – 1 BvL 25, 38, 40/80, 12/81 “Joint custody case” Decision regarding the exclusion of the joint custody of divorced parents S. 203-219

„… custody of divorced spouses for their children is ruled out even if they are willing and suited to …” „… Kontrollrates – KRABl.) 1945/48 p. 77), the consequence of the sole or primary fault of a spouse as to the …” „… – Gleichberechtigungsgesetz) of 18 July 1957 (Federal Law Gazette I p. 609) – only considered the sole fault of a spouse to …”

BVerfGE 103, 89 Judgment of the First Senate of 6 February 2001 – 1 BvR 12/92 “Marriage covenant case” Judicial review of agreements in a covenant of marriage concluded with a pregnant woman prior to the conclusion of marriage S. 475-490

„… waived therein and a spouse is released from paying maintenance for joint children. … I. 1. Covenants of …” „… applies to spouses mutatis mutandis according to § 1360a.3 and § 1361.4 sentence 4 of the Civil Code, who …” „… notary, and both spouses must attend. Contractual agreements regarding pension sharing, which also …”

BVerfGE 107, 205 Judgment of the First Senate of 12 February 2003 – 1 BvR 624/01 “Family insurance case” The constitutionality of family insurance (§ 10 of the Fifth Book of the Code of Social Law) S. 633-641

„… significance to the case at hand, reads as follows: § 10 Family insurance (1) Insurance shall cover the spouse …” „… , 2 or 3. (3) Children shall not be insured if the spouse of the member related to the children is not …” „… insurance period. Family insurance benefits 14.6 million children and roughly 7 million spouses. The total …”

BVerfGE 99, 216 Order of the Second Senate of 10 November 1998 – 2 BvR 1057, 1226, 980/91 “Equalisation of family burdens case” Exclusion of parents living in marital community from tax deduction of childcare costs as an extraordinary expense resulting from gainful employment and from granting of the household allowance S. 402-419

„… persons and married persons who are permanently separated from their spouse shall be deemed to be single …” „… parents. Married persons whose spouse is not unrestrictedly liable to income tax shall also be deemed to …” „… persons who are permanently separated from their spouse shall be deemed to be single parents. Married …”

BVerfGE 51, 386 Order of the First Senate of 18 July 1979 – 1 BvR 650/77 “Expulsion case” Expulsion of a foreign national convicted of a criminal offence who is married to a German woman and has a legitimate child with her S. 127-137

„… . The child of both spouses, born in June 1968, acquired German nationality in July 1975. In December …” „… expulsion order in this instance. Both spouses appealed against the dismissal of the action. During the …” „… , according to the court, that a separation of the spouses and the child born to them must be seriously …”

BVerfGE 82, 6 Order of the First Senate of 3 April 1990 – 1 BvR 1186/89 “Unmarried civil partner as tenant case” Unmarried civil partner of a deceased tenant as “another family member” within the meaning of § 569a.2 sentence 1 of the Civil Code S. 311-319

„… spouses and other family members enter the tenancy arrangement under certain preconditions, regardless of …” „… Code (1) On the death of the tenant, the spouse shall enter tenancy of residential premises in which …” „… the tenant has a joint household with his or her spouse. If within one month of gaining knowledge of …”

BVerfGE 31, 58 Order of the First Senate of 4 May 1971 – 1 BvR 636/68 “Spaniard case” Validity of fundamental rights (here: Article 6.1 of the Basic Law) for German international private law; freedom of marriage (act of marriage between a Spanish man and a German woman divorced by a German court) S. 100-121

„… fully valid in regard to the future spouses’ areas of life, especially in the foreign spouse’s home …” „… country. That prevented marriages being concluded from which the foreign spouse could extricate himself at …” „… difficult legal position by entering into the marriage, particularly when moving with the foreign spouse to …”

BVerfGE 105, 313 Judgment of the First Senate of 17 July 2002 – 1 BvF 1, 2/01 “Civil Partnerships Act case” Correction of an adopted bill; right of approval of the Bundesrat; compatibility with Articles 6.1, 3.1, 3.3 sentence 1 and 14.1 of the Basic Law S. 541-576

„… (Article 1 § 11). A right of intestate succession of the civil partner corresponding to that of the spouse …” „… effect is equivalent to that of a limited joint assessment of spouses. b) Article 6.1 of the Basic Law is …” „… . Under sentence 1 thereof, on or after marriage spouses may choose their future name by declaration to …”

BVerfGE 57, 170 Order of the Second Senate of 5 February 1981 – 2 BvR 646/80 “Pre-trial detention II case (correspondence by letter)” Decision regarding the monitoring of letters during pre-trial detention; written correspondence between adult children and their parents S. 166-190

„… pretrial detainees’ correspondence by letter were said to relate to correspondence by letter with spouses …” „… case such as the one at hand, in which the pre-trial detainee was not able to turn to his spouse. The …” „… worthy of protection in accordance with Article 6.1 of the Basic Law as the relationship between spouses …”

BVerfGE 106, 166 Order of the First Senate of 29 October 2002 – 1 BvL 16, 17/95, 16/97 “Case involving the advantage acquired through additional counted children” Decision regarding the equal treatment of different forms of family under the law on child benefit S. 577-590

„… proceedings. The provision read as follows from 1 January 1994 to 31 December 1995: (3) If spouses who are not …” „… . Furthermore, entitled parties who are married but permanently separated from their spouses can to date claim …” „… household of parents, of one parent and his or her spouse, of foster parents or of grandparents, they shall …”

Titelei/Inhaltsverzeichnis

„… maintenance of spouses living apart 40 4. BVerfGE 23, 258 Order of the First Senate of 7 May 1968 – 1 BvR …” „… )” Permission for spouses and children of pre-trial detainees to visit outside general visiting days 122 9 …” „… 5/83 “Maintenance priority case” Priority under the law of maintenance for the divorced spouse with …”

BVerfGE 103, 242 Judgment of the First Senate of 3 April 2001 – 1 BvR 1629/94 “Long-term care insurance case” Long-term care insurance contributions for childcaring and child-raising members of social longterm care insurance S. 491-514

„… contributions. The same applied to the spouse if his or her income did not exceed the threshold for …” „… protection, but that they also effected transfer payments for the spouses and children who are co-insured in …” „… ) There were said also to be constitutional reservations insofar as, whilst a spouse who was not in …”

BVerfGE 99, 246 Order of the Second Senate of 10 November 1998 – 2 BvL 42/93 “Minimum child income case” Minimum child income for the 1987 assessment period to be allowed for in income tax S. 420-431

„… for each child of the taxpayer to be allowed for. With spouses who were assessed jointly for income …” „… child of the taxpayer to be allowed for. Among spouses who are assessed for income tax jointly in …” „… child of both spouses. A child allowance of 2,484 Deutsche Mark shall also be deducted if 1. the other …”

BVerfGE 113, 88 Judgment of the First Senate of 7 June 2005 – 1 BvR 1508/96 “Parental support case” Constitutional limits where children are required by the social assistance funding agency to pay support for their parents as the result of an assigned right S. 732-746

„… , additionally taking into account the fact that the spouses had separated. 3. The social assistance funding …” „… subordinate to all other claims of the children, the spouses and the other descendants of the person liable …” „… own children and spouses, and have to provide for themselves and their own old-age security. In …”

BVerfGE 55, 171 Order of the First Senate of 5 November 1980 – 1 BvR 349/80 “Custody case” Accommodation of the will of a child in a ruling on custody after divorce of the parents and ruling of the judge with jurisdiction on the question of the personal hearing of children under the age of 14 S. 156-165

„… hospital at the time of the separation of the spouses. Parental power (elterliche Gewalt) for both children …” „… its ruling. … B. The admissible constitutional complaint is unfounded. 160 I. If divorced spouses are …”

BVerfGE 87, 1 Judgment of the First Senate of 7 July 1992 – 1 BvL 51/86, 50/87, 1 BvR 873/90, 761/91 “Rubble women case” Allowance of child-raising periods in the statutory pensions insurance of wage-earners and salaried employees (“rubble women”) S. 336-354

„… be paid regardless of whether the mother herself or her spouse was insured in statutory pensions …” „… or for her spouse. The direct goal of the Child-Raising Benefits Act consisted in the security of the …” „… surviving spouse was prevented from acquiring his or her own old-age pension through child-raising or by …”

BVerfGE 108, 82 Order of the First Senate of 9 April 2003 – 1 BvR 1493/96, 1724/01 “Biological father case” Decision regarding the legal position of the (putative) natural, but not legal, father and the constitutionality of §§ 1600 and 1685 of the Civil Code and § 1711 of the Civil Code old S. 642-668

„… parents, § 1685 of the Civil Code also grants the grandparents, siblings, and the spouse or former spouse …” „… contact with the child if this serves the child’s best interests. (2) The same applies to the spouse or …” „… former spouse and the civil partner or former civil partner of a parent, where this person lived for a …”

BVerfGE 99, 145 Order of the Second Senate of 29 October 1998 – 2 BvR 1206/98 “Hague Child Abduction Convention case” Hague Child Abduction Convention; accommodation of the best interests of the child in the special case of converse child return applications S. 386-401

„… (§ 1632.4 of the Civil Code) or from the spouse or person with right of access (§ 1682 of the Civil Code …” „… . The spouses are separated. Divorce proceedings have been initiated. a) In the context of proceedings …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… discrimination against one or the other spouse in the above sense where the Civil Code (§ 1360 old) recognises …” „… , p. 319). Hence the spouses have to be at liberty, also in the area of parental power, to conduct …”

BVerfGE 121, 69 Judgment of the First Senate of 1 April 2008 – 1 BvR 1620/04 “Parental duty of contact case” Decision regarding the compulsory enforcement of an adjudged duty of contact pursuant to § 1684.1 of the Civil Code S. 804-825

„… unconstitutional if the spouse threatened to dissolve the marriage in the event that the courts were to enforce the …”

Appendix The Basic Law for the Federal Republic of Germany S. 852-936

doi.org/10.5771/9783845237534

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OER Osteuropa Recht

Browse Volumes: OER Osteuropa Recht

OER Volume 69 (2023) Issue 1 ISSN Online: 2366-6730

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Karolina Wróbel Evolution of the Statutory Property Regime in Poland from the Perspective of the Marital Functions S. 13-27

„… acquired during the marriage and the gained property of each spouse.Since the community of property regime …” „… the spouses.Implemented FunctionsDespite the problems caused by the concept of ordinary management of …” „… conflict between spouses.The Community of Property Regime in the Family and Guardianship Code after 2004 …”

doi.org/10.5771/0030-6444-2023-1

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VRÜ Verfassung und Recht in Übersee

Browse Volumes: VRÜ Verfassung und Recht in Übersee

VRÜ | WCL Volume 17 (1984) Issue 2 ISSN Online: 2941-9603

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B.A. Rwezaura Division of Matrimonial Assets Under the Tanzania Marriage Law S. 177-194

„… legal interpretation of the term »joint efforts« which the spouses pull together towards the …” „… acquisition of assets . According to subsection 2 (b) of section 1 1 4 , a spouse's contri bution towards …” „… . Where one of the spouses has made monetary contribution towards the acquisition of the assets, the …”

James Crawford The Australian Law Reform Commission´s Reference on the Recognition of Aboriginal Customary Law S. 133-176

„… and criminal matters: it involved the compellability as witnesses of tri bai spouses42 just as much …”

doi.org/10.5771/0506-7286-1984-2

Werner Meng, Georg Ress, Torsten Stein - Europäische Integration und Globalisierung

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Werner Meng (ed.), Georg Ress (ed.), Torsten Stein (ed.)

Europäische Integration und Globalisierung

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 84 2011

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Henrik Bull Free Movement of Persons and the Recognition of Foreign Marriages S. 51-66

„… to live with your spouse in the State of which you are a citizen has been seen as a restriction on …” „… his country of origin to the entry and residence of his spouse”. 53 However, the right to free …” „… Community recognised the right of the spouse, children under the age of 21 or who are dependants and …”

Walter Pintens Die Commission on European Family Law (CEFL) Ein Beitrag zur Europäisierung des Privatrechts S. 359-374

„… Boele-Woelki/Ferrand/González-Beilfuss/Jänterä-Jareborg/Lowe/Martiny/Pintens, Principles of European Family Law Regarding Divorce and Maintenance between Former Spouses, EFL …” „… Boele-Woelki/Braat/Curry-Sumner (Hrsg.), European Family Law in Action, IV, Property Relations between Spouses, EFL Series 2009 …” „… ; Boele-Woelki/Jänterä-Jareborg, Initial results of the work of the CEFL in the field of property relations between spouses, in …”

Maria Papantoni The Hellenic Constitutional Law and the Supremacy of European Law S. 347-358

„… formal statute is at stake. 353 provision creates an irrebuttable presumption for the spouses or …” „… of the public work contract will be valid only if the spouse or relative in question proves his …”

doi.org/10.5771/9783845233161

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