{"id":9633,"date":"2024-01-02T19:07:16","date_gmt":"2024-01-02T18:07:16","guid":{"rendered":"https:\/\/www.towfigh.net\/en\/?p=9633"},"modified":"2024-03-11T13:08:01","modified_gmt":"2024-03-11T12:08:01","slug":"jurafuchs-podcast-spruchreif-klassiker-stadium-bans-with-dr-carl-wendelin-neubert","status":"publish","type":"post","link":"https:\/\/www.towfigh.net\/en\/teaching\/jurafuchs-podcast-spruchreif-klassiker-stadium-bans-with-dr-carl-wendelin-neubert.html","title":{"rendered":"Jurafuchs Podcast Spruchreif KLASSIKER: \u00bbStadium Bans\u00ab \/ with Dr. Carl-Wendelin Neubert [German]"},"content":{"rendered":"

Regarding the decision of the German Federal Constitutional Court of 11.04.2018 – 1 BvR 3080\/09<\/a><\/p>\n

Discussion with Carl-Wendelin Neubert<\/em> and Emanuel Towfigh <\/em>[in German]<\/p>\n

Podcast, 48:18 minutes \u2022 Recording date: 27 March 2023 \u2022 Published on 29 December 2023<\/p>\n

Jurafuchs Spruchreif Podcast<\/a> | Spotify<\/a> | Apple<\/a> | Local (530 MB)<\/a><\/div>\n

 <\/p>\n

\u00bbBLURB\u00ab<\/strong><\/p>\n

Fundamental Rights are first and foremost defensive rights of the citizen against the state. However, since the \u00bbL\u00fcth\u00ab decision of the German Federal Constitutional Court (decision of 15.01.1958 – 1 BvR 400\/51), it has been recognized that the fundamental rights of the Constitution also embody an objective value decision that applies to all areas of law. For private individuals, it follows that fundamental rights also have an impact on the legal relationship with other private individuals. They have an indirect third-party effect.<\/p>\n

But in which constellations do fundamental rights have an indirect third-party effect\u2014and to what extent? This question arose in a case in which a soccer fan was given a comprehensive stadium ban by a soccer club for alleged involvement in rioting\u2014and took legal action against it. In its decision, the Federal Constitutional Court specifies the requirements and consequences of the indirect binding of private individuals to fundamental rights (decision of 11.04.2018 – 1 BvR 3080\/09). Due to its fundamental importance for the doctrine of fundamental rights, the stadium ban decision is already a \u00bbclassic\u00ab in the case law of the Federal Constitutional Court.<\/p>\n

Professor Emanuel V. Towfigh, holder of the Chair of Public Law, Empirical Legal Research and Legal Economics<\/a> at EBS University of Business and Law, recalls this leading decision and places it in its context:<\/p>\n