Zásada loajality v ústavním řádu Spolkové republiky Německo.

Authors

  • Petr Mlsna The Office of the Government of the Czech Republic
  • Dagmar Černá Ministry of Foreign Affairs of the Czech Republic

Abstract

The Principle of Loyalty in the Constitutional Order of the Federal Republic of Germany.

This paper seeks to analyze the role of the principle of loyalty in the constitutional order of the Federal Republic of Germany, focusing on two main issues, (a) the relationship between the federation (Bund) and its individual parts (Länder), and (b) the legal bond between the citizens and their State. Germany is a federal republic and its Constitution (Grundgesetz) makes federalism unchangeable and inviolable. All Länder as well as the federal level are bound by the principle of loyalty (Bundestreue) and their behavior has to be “federation-friendly” (bundesfreundliches Verhalten). Conversely, citizens are obliged to be loyal to their State. For example, they are to respect the constitutional order and must not serve in a foreign army. The State, for its part, is obliged to protect its citizens. The paper explores the relationship of loyalty in the context of current legal, political, and social developments in the Federal Republic of Germany.

Keywords: loyalty, federalism, citizenship, constitutional law, Germany

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Published

2012-01-25

Issue

Vol. 9 No. 2 (2009)

Section

Articles