Article 16 - 19 GG –

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Details to single Basic Rights


Article 16 GG Citizenship, extradition

Article 16 GG guarantees the nationality, it can not be extracted. It forbids in principle distribution to the foreign country. However sometimes distributions to European Union states and international Courts of Justice are possible.

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Article 16 a GG Right of asylum

Political refugees enjoy right of asylum. This right is limited by the paragraphs 2 ff (EU, safe third state).

Everyone, who has to coercive with political measures in his / her mother country for example pursuit, injury of the human dignity, is politically pursued.

Asylum is the protection from political pursuit.

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Article 17 GG Right of petition

Everyone has the right to submit a petition. A petition is the request to a responsible authority or parliament to proceed in the sense of the applicant. In contrast to the legal proceedings only few formal conditions (writing and name signature) are necessary.

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Article 17 a GG Restriction of certain basic rights by laws respecting defense and alternative service

Within the range of the armed forces and/or civil service basic rights specified in Article 17a GG can be limited. Moreover basic rights mentioned in paragraph 2 can be limited in the case of defense.

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Article 18 GG Forfeiture of basic rights

Article 18 GG is part of the basic right protective system. Who abuses the basic rights specified there to the fight against the liberally democratic order, loses the protection of these basic rights.

These forfeiture of basic rights can be expressed only by the Federal Constitutional Court.

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Article 19 GG Restriction of basic rights

Basic rights may be limited under strict conditions only. So for example expressly the basic right which should be limited must be called (Article 19 I GG).

The nature content, that means the substantial core statement of the basic right, may not be changed (Article 19 II GG).

Basic rights apply if their application appears meaningful also for domestic legal entities (for example GmbHs) of private law (Article 19 III GG).

Finally Article 19 IV GG contains the course of law warranty. If someone is hurt by the state in his / her rights, then he / she can go to the courts.

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