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Greek National Military Service Case (2)
Published online by Cambridge University Press: 01 January 2021
Abstract
States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Relations between Federal Republic of Germany and its NATO treaty partners — Issue of alien's passport to persons seeking to avoid military service in State of nationality — Individual interests taking precedence over State interests in exceptional circumstances — Constitutional limitations on conduct of foreign relations by Executive — The law of the Federal Republic of Germany
Jurisdiction — In general — Personal — Over nationals abroad — Whether infringed by issue of alien’s passport in receiving State to persons seeking to avoid military service in State of nationality — Whether an inadmissible interference with personal jurisdiction of issuing State — The law of the Federal Republic of Germany
The individual in international law — In general — Human rights and freedoms and family — Right to protection of marriage — Basic Law 1949, Article 6 — Alien seeking to avoid military service in State of nationality — Whether prolonged military service abroad represents danger to existence of marriage and family justifying issue of alien's passpor — Exceptional circumstances justifying the giving of precedence to individual interests over State interests — The law of the Federal Republic of Germany
The individual in international law — Nationality — Naturalization — Whether foreign spouses of nationals of receiving State enjoy right to grant of naturalization — The law of the Federal Republic of Germany
The individual in international law — Aliens — Position of — Treatment by and responsibilities of the receiving State — Alien's passport — Refusal — Grounds of State interests — Definition — Alien seeking to avoid military service in State of nationality — Whether issue of alien's passport an infringement of personal jurisdiction of State of nationality — Balancing of individual and State interests — Interests of State in securing fulfilment of NATO obligations — Right to protection of marriage and family — Basic Law 1949, Article 6(1) — Exceptional circumstances justifying the giving of precedence to individual interests — Constitutional limitations on conduct of foreign relations by executive — Whether foreign spouses of nationals of receiving State enjoy right to grant of naturalization — The law of the Federal Republic of Germany
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