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Art. 10 GG und die Privatisierung der Deutschen Bundespost

Ruth Hadamek, 2002
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The author raises the question of what significance the confidentiality of letters, post, and telecommunications holds in light of postal privatization: "The" post as an addressee of fundamental rights according to Article 1, paragraph 3 of the Basic Law has ceased to exist. After outlining the problem, conducting a historical analysis, and addressing questions regarding the fundamental rights obligations of successor companies, protective duties derived from Article 10 of the Basic Law are elaborated. The draft of a structural norm for a violation of protective duties allows for the examination of individual regulations from the Telecommunications Act concerning violations of protective duties under Article 10 of the Basic Law. In two cases, a violation of protective duties is identified using an evidential standard. Overall, the partial functional change of Article 10 of the Basic Law from a defensive right to a protective duty is, however, capable of counteracting the impending functional loss of the fundamental right.

Key specifications

topic
Economy & Law
Subtopic
General jurisprudence
Author
Ruth Hadamek
Year
2002
Number of pages
326
Book cover
Paperback

General information

Item number
8555649
Publisher
Duncker & Humblot
Category
Reference books
Release date
23.4.2018

Book properties

topic
Economy & Law
Subtopic
General jurisprudence
Author
Ruth Hadamek
Year
2002
Number of pages
326
Book cover
Paperback

Voluntary climate contribution

CO₂ emissions
0,5 kg
Climate contribution
EUR 0,12

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30-day right of return if unopened
24 Months statutory warranty
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