Law

Courts of last resort decide individual disputes but are also engaged in developing the law by precedents. This twofold assignment shows a profound contradiction in any appellate proceeding: Civil justice primarily serves to achieve individual justice whereas the function of a supreme court is predominantly or almost exclusively oriented towards a »public« interest emancipated from individual legal disputes by clarifying legal questions, developing the law, and ensuring the uniform application of the law by lower courts.

Subsidies can be »loaded« with ecological conditions. Malin Nischwitz investigates this practice. In doing so, she considers policy coherence as well as the fundamental rights of the companies concerned and identifies a constitutional requirement to take ecological sustainability aspects into account.

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The present volume investigates the tradition, transformation, and future relevance of the codification concept in German and Polish civil, criminal, and administrative law from the perspective of legal theory, doctrine, and practice. Current trends in de- and recodification as well as the European context are given special consideration.