Law

Vincent Stangenberg examines the principle of alignment in European conflict and jurisdiction law, addressing the interplay between jurisdiction and applicable law. He explores the benefits of domestic law application, challenges in foreign law usage, and advocates reforms such as specialized chambers and modern technologies.

Patrick Zurth develops a concept of injunctive relief in German law based on tort law. To this end, he discusses the defendant, the »disturber« (»Störer«), as the most important element of the relevant provision and addresses both historical, economic, and dogmatic aspects as well as intellectual property law.

In its 1981 landmark decision on expropriation (the so-called "Nassauskiesungsbeschluss“), the German Federal Constitutional Court sparked a doctrinal development that resulted in a strictly formal concept of expropriation. Interference with property that it does not aim to procure is considered a regulatory measure and falls outside its scope. As opposed to expropriation, there is no constitutional requirement that necessitates compensation. The author challenges this view, providing a counternarrative of the right to property which is based on the wording of the German Basic Law and on the norms of international and European law as well as on comparative law considerations.

As one of three borrowing authorisations of the debt brake (Schuldenbremse), the cyclical component allows and requires borrowing and repayment depending on overall economic development. Manuel Ackermann examines how it has realigned fiscal policy since the 1960s and made it verifiable for the first time.