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See also my other comment but to add something: Actually a lot of fundamental rights in the German constitution are also granted to non-EU nationals via Art. 2
by chki 6y ago
See also my other comment but to add something: Actually a lot of fundamental rights in the German constitution are also granted to non-EU nationals via Art. 2 I GG. It's not always clear how far these rights go, but it's definitely not as clear cut as you make it seem. That being said there are limits to these rights and the ruling issued today does not go as far as to give non-Germans protection outside of German jurisdiction that go beyond so called "Abwehrrechte".
- Tomte 6y agoThat's one fundamental right, not "lots of". You're only right insofar as that is the "default catchall" that is used when no specific other basic right is there and the courts find it proper to allow something also for non-citizens.
- chki 6y agoI think I was not specific enough, what you're saying is of course correct. The BVerfG (GCC) uses other fundamental rights issued to German citizens as an aid to interpret Art. 2 I GG. I guess we could argue whether that means that there are multiple rights enshrined in Art. 2 I GG or whether it's already one extremely far-reaching right that's already a catch-all.
- Tomte 6y agoYes, I think we're basically in agreement there.