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Der Einfluss der EGMR-Rechtsprechung auf die Rechtsprechung des Bundesverfassungsgerichts
Abstract
This volume is a collection of edited papers presented at the occasion of the 7th Seoul-Freiburg Law Faculties Symposium held in Seoul in September 2019. The cooperation and academic exchange between the Law Faculties of the Seoul National University (SNU) and the Albert-Ludwigs-Universität Freiburg keeping alive an old and precious tradition of close relationship between Korean and German law.
The 7th Symposium was devoted to “Legal Theory and Interpretation in a Dynamic Society” and covered a broad range of subjects divided in six sections on I. Legal Theory and Interpretation, II. Enterprise Law, III. International Private Law and Civil Procedure Law, IV. Artificial Intelligence Law, Property Law, Criminal Law. V. Contract Law, and VI. the Relation of Supranational and Domestic Constitutional Law. Most of the papers presented at the Symposium are collected in this volume.
How must the state shape victim protection in migration law? In order to answer legal dogmatic questions about the right of residence of those affected by hate crime, this study also makes use of sociological and victimological findings. The hybrid legal subject is taken into account by analysing European and international law as well as German constitutional, administrative and criminal (procedural) law. In addition, administrative practice in the Federal Republic of Germany is empirically examined. The need for a reform to clarify the status of victims of hate crime under residence law becomes clear. The study concludes with corresponding legislative proposals.
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