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I. The principle of Rechtsstaatlichkeit under the Grundgesetz
hello Originally, from 1949, the Grundgesetz explicitly names the Rechtsstaat only in Art. 28 GG whereby the constitutions of the federal states (Bundesländer) have to conform to the principles of the republican, democratic and social Rechtsstaat. A similar homogeneity rule pointing to the European level was included in Art. 23 I GG in 1992. Thereby Germany shall participate in the development of the European Union as long as it is obliged to the rule of law and the principles of democracy, the social and federal state and subsidiarity and provides basic human rights protection equal to the Grundgesetz. Since 2000, Art. 16 II GG further allows the extradition of German citizens to a member state of the European Union or to an international court as long as the the rule of law is observed.
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