최근 독일의 기본법개정 동향

• 영문명: Recent trends in the German Basic Law amendment
• 발행기관: 중앙대학교 법학연구원
• 저자명: 박영도(Park, Young-Do)
• 간행물 정보: 『법학논문집』法學論文集 第35輯 第1號, 31~63쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.04.30

영문 초록

Several amendments to the German Basic Law was implemented since 8th October 2008 to the end of 2010, in respond to deployment of the European Union and the global economic crisis. In particular, the Basic Law amended six times during the signing of the Lisbon Treaty, referred to as the 2nd federalism reform, the main contents of the Basic Law was amended. In this study examines the main content from 8 October 2008 amended Basic Law to 21 July 2010 its amendment. Revise the Basic Law of the 53th, according to the Lisbon Treaty, expanding the right of Bundestag and Bundesrat to the problems of the European Union, as a condition of legislation to deal with the enhanced, and of the Law to the basic rights of Bundestag and Bundesrat had been necessary. in this Amendment, The following provision was added to Article 23(European Union –Protection of basic rights. Principle of subsidiarity) hereof. “The Bundestag and the Bundesrat shall have the right to bring an action before the Court of Justice of the European Union to challenge a legislative act of the European Union for infringing the principle of subsidiarity. The Bundestag is obliged to initiate such an action at the request of one fourth of its Members. ……”. Revise the Basic Law the 57th, as the reform of federalism in the second stage following the major revisions of the Basic Law due to reform federal system of the first phase of the 28 August 2006, major revisions of the relevant provisions of Finance and the revision of this basic law since 2003, once completed the reform of federalism promoted by the Federal government. The most recently revised Basic Law Article 91e was cooperation in respect of basic support for persons seeking employment.

목차

Ⅰ. 서설

Ⅱ. 제53차 기본법개정

Ⅲ. 제54차 기본법개정

Ⅳ. 제55차 기본법개정

Ⅴ. 제56차 기본법개정

Ⅵ. 제57차 기본법개정(제2차 연방제개혁)

Ⅶ. 제58차 기본법개정

Ⅷ. 결어

참고문헌

[Abstract]

키워드

기본법 제1차 연방제개혁 제2차 연방제개혁 리스본조약 안정화평의회 Grundgesetz Fö deralismusreformⅠ Fö deralismusreformⅡ Lisbon Treaty Stabilitä tsrat