October 28, 2016
On November 2, 2016, Law division of American University of Central Asia and Legal Clinic organise an open lecture of the attorney Klaus Bobisch (Germany).
The lecture will be held in room-220 at 15.30
In the beginning of the speech, the attention will be pointed at the principal problematic issues in relation of which some misunderstandings take place. Firstly, they touch following issues:
Who has to observe the constitutional rights?
What are the terms of the abridgment of constitutional rights?
When does the interference into the constitutional rights take a place?
What are the impacts of the ascertainment of the violation of constitutional rights?
Following part will be dedicated to the review of the filing of complaint to Constitutional Court, which is the main juridical instrument for resolution of legal matters. By virtue of Constitutional Court, each subject (e.g. citizen) may lodge a complaint against of violation of his constitutional rights in procedural means. With the use of statistical data provided from Constitutional Court, the attention will be pointed at the importance and chances of progress in case of use of the mentioned legal instrument (i.e. complaint to Constitutional Court). Constitutional premises will be performed in the speech, and their occurrence is the precondition of the positive result for the resolution of the claim in Constitutional Court.
In conclusion, a list of main constitutional rights will be indicated and cases of last years the decision on which were made by Federal Constitutional Court will be presented (cases that are interesting from juridical point of view and were widely considered in society). Attention also is paid to the constitutional procedural rights that include rights of legal defence. If any additional time be available, the relation between constitutional rights in Germany and guarantees of the European Convention of Human Rights will be performed.