an türkische Botschafter zum EGMR-Fall-Görgülü und zum Fall Marco
an türkische Botschafter zum EGMR-Fall-Görgülü und zum Fall Marco
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- Created on Saturday, 31 May 2008 10:39
- Last Updated on Thursday, 22 March 2012 18:51
- Written by Franz Romer
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an türkische Botschafter zum EGMR-Fall-Görgülü und zum Fall Marco
From: Franz Romer [mailto: This email address is being protected from spambots. You need JavaScript enabled to view it. ]
Sent: Wednesday, July 04, 2007 10:26 AM
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Subject: Fall (Marco) Marcus W., Antalya und Europäischer Gerichtshof für Menschenrechte - EGMR - Fall Kazim Görgülü, Deutschland
Verteiler: alle Auslandsvertretungen der Türkei, Eltern und Kinderlisten Europa, Presse, Verteiler - english Version at the end of the E-Mail.
b) [...] Beschwerde in der vorliegenden Rechtssache
i. Sorgerecht [...]
47. Im Lichte der vorstehenden Ausführungen stellt der Gerichtshof fest, dass Artikel 8 der Konvention verletzt worden ist.
(Zitat Ende)
Die Bindungswirkung einer Entscheidung des Gerichtshofs erstreckt sich auf alle staatlichen Organe und verpflichtet diese grundsätzlich, im Rahmen ihrer Zuständigkeit und ohne Verstoß gegen die Bindung an Gesetz und Recht (Art. 20 Abs. 3 GG) einen fortdauernden Konventionsverstoß zu beenden und einen konventionsgemäßen Zustand herzustellen
(Zitat Ende)
The Constitutional Court makes it clear expressly that after such a decision, the state party
- may no longer hold the view that its acts were in compliance with the Convention,
- that in principle, the state party has to restore, as far as possible, the status which existed before the violation, and
- that if the violation is still continuing, the state party is obliged to put an end to it
(Zitat Ende)
3. der Art. 97 Abs. 1 GG ist nicht weniger eindeutig und
"Juristen" können alles so "auslegen", wie es passen soll und
Franz J. A. Romer
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Deutsche Politik: Es reicht nicht, keine Ideen zu haben, man muss auch unfähig sein, diese umzusetzen.
Politique allemande: Il ne suffit pas de manquer d'idées, il faut aussi être incapable de les mettre en oeuvre.
German politics: It is not enough not to have any ideas, you have also to be incapable to realize them.
Dear Excellency,
Dear Mr. Ambassador,
(b)Application in the present case
i.Custody
47. In the light of the above, the Court finds that there was a violation of Article 8 of the Convention.
ii.Access
51. Consequently, there has been a violation of Article 8 of the Convention.
(End quote)
(End quote)
- may no longer hold the view that its acts were in compliance with the Convention,
- that in principle, the state party has to restore, as far as possible, the status which existed before the violation, and
- that if the violation is still continuing, the state party is obliged to put an end to it
(End quote)
Wildenbruchstrasse 107
D-40545 Duesseldorf-Oberkassel
Deutschland Germany
Tel: +49 (0)211 296652
Fax +49 (0)211 9542034
Mobil: +49 (0)172 2043664
Skype franzja
ICQ 306-045-843
mailto:
This email address is being protected from spambots. You need JavaScript enabled to view it.
http://www.franz-romer.com/
http://www.Riff-theBand.de/
Deutsche Politik: Es reicht nicht, keine Ideen zu haben, man muss auch unfähig sein, diese umzusetzen.
Politique allemande: Il ne suffit pas de manquer d'idées, il faut aussi être incapable de les mettre en oeuvre.
German politics: It is not enough not to have any ideas, you have also to be incapable to realize them.