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Holger Hestermeyer Profile picture
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3 May, 7 tweets, 2 min read
Here’s some advice for UK pundits who want to write on the German constitutional court: get in touch with someone trained in German constitutional law. /thread
I agree with several of the statements in this column. There are some mistakes, however. For example the second senate is not in charge of EU-related rulings in general. The famous right to be forgotten decisions were handed down down by the 1st senate.
And of course, there are loads of reasons that allow you to coherently agree with the decision on climate change but to disagree with the PSPP decision. In constitutional law terms they are quite diffferent.
They both apply the Grundgesetz, though ;-).
Some sources: division of competences between the senates - you’ll find the applicable law here bundesverfassungsgericht.de/DE/Verfahren/G…]
The press release on the PSPP decision bundesverfassungsgericht.de/SharedDocs/Pre…
The press release on the federal climate change decision bundesverfassungsgericht.de/SharedDocs/Pre…

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More from @hhesterm

Holger Hestermeyer Profile picture
1 May
To students: identifying your sources - and knowing what information is trustworthy - is vital in the Internet environment. Mistakes happen particularly if you write about foreign jurisdictions. And they can happen to the best of us. /1
Take this item by the usually excellent @rosalindenglish - it misses all the relevant points why the Weimar judge is under investigation. How can this happen? Because the source of the news item is a conspiracy theory website ukhumanrightsblog.com/2021/04/28/ger…
Amongst the news items it carries: How PCR tests can work like asbestos or how covid vaccines destroy your immune system. So.... not the type of website that will reliable report about a judgment on covid stuff to say the least.
Read 7 tweets
Holger Hestermeyer Profile picture
28 Apr
A short thread on why the comments about MEPs being yes-men (as they overwhelmingly voted for the TCA) are miles off the mark. Or kilometres (thread)
Approval of the TCA puts MPs and MEPs in a tough spot. Brexit means there’ll be barriers to trade. A no-deal Brexit implies more barriers. More jobs lost. More economic harm. What are the choices for the Parliamentarians?
Realistically on the large vote: kill the TCA or let it live. Be responsible for more economic harm or just the one we have now. That’s not really ... optimal? So why the delay in the first place?
Read 7 tweets
Holger Hestermeyer Profile picture
27 Apr
UK TCA Treaty Scrutiny edition. One of the issues that has been worrying those of us working on the role of parliament for treaties is the role of parliament AFTER treaties are signed. Let me explain (thread)
Some time in the distant past we have discussed the role of parliaments in treaty-making. Each country has its procedures in this regard uktradeforum.net/2017/11/21/par…
The EP gets a consent vote for some agreements (Art. 218(6) TFEU). The German Parliament gets a vote on some of them under Art. 59 GG, the French under Art. 53 of the Constitution. The UK route is a bit different...
Read 10 tweets
Holger Hestermeyer Profile picture
22 Apr
Sad news.
Some quotes from the dissent (courtesy of Sotomayor): "Even if the juvenile’s crime reflects “ ‘unfortunate yet transient immaturity,’ he can be sentenced to die in prison." (reference deleted)
And then, there's this: "Instead, the Court attempts to circumvent stare decisis principles by claiming that “[t]he Court’s decision today carefully follows both Miller and Montgomery.” The Court is fooling no one. Because I cannot countenance the Court’s abandonment of Miller
Read 4 tweets
Holger Hestermeyer Profile picture
21 Apr
Very quick overview over the Karlsruhe ruling on the EU Recovery Fund: The court refused to grant a preliminary injunction - and this was solely on the preliminary injunction, the main proceeding is still to come (thread)
1) The Court considered that the request for a preliminary injunction is neither obviously inadmissible nor obviously without merits
There is, so the Court, at least a possibility that the decision infringes the budget rights of the Bundestag, the constitutional identity of the GG and the democratic self-determination of the ptitioners.
Read 7 tweets
Holger Hestermeyer Profile picture
21 Apr
Some short comments on vaccines and patents based on a story in the FT today (thread) google.de/url?sa=t&rct=j…
The story courtesy of points out that one specific technology related to mRNA vaccines has been patented by the US government (NIH). The government policy is to then engage in non-exclusive licensing.
This illustrates two rather common issues that people must bear in mind when discussing pharma patents: 1) the public perception “1 drug 1 patent” is more often than not untrue. Several patents can attach to one drug. A manufacturer must own/license all of them.
Read 6 tweets

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