Cultural sovereignty of the countries

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The cultural sovereignty of the federal states refers to the primary responsibility of the German federal states with regard to legislation and administration in the field of culture , i.e. in particular the responsibility for language , schools and universities , education , radio , television and the arts .

The cultural sovereignty of the country resulting in the German federalism from the areas of responsibility of the Basic Law ( Article 30 GG ): For items that do not explicitly as a competence title of the federal government are assigned the states are responsible. According to the case law of the Federal Constitutional Court , cultural sovereignty is the "core of the statehood of the states". One also speaks of cultural federalism - this term is problematic under constitutional law, since in the area of ​​cultural sovereignty the federalism system typical of the Federal Republic of Germany is broken beyond the usual level of subsidiarity and the individual states (in this area the designation federal states inapplicable) act on the basis of their own, largely sovereign statehood; the federal government has no powers in this area.

In 1949, the Basic Law gave the federal states a cultural sovereignty, as they already had in the Weimar Republic . At the same time, the constitutional development towards federal and communal cultural sovereignty is related to the Allies' requirements for the state's responsibility for cultural policy .

See also

Individual evidence

  1. Reference work in the online portal of the Federal Agency for Civic Education (keyword cultural sovereignty ) , accessed on September 29, 2012.
  2. Quote: “This constitutional development is to be seen against the background of the National Socialist abuse of art and culture, but also as an express requirement of the Allies to interpret the cultural and political responsibility of the state in the Federal Republic of Germany very cautiously. The new constitution thus tied in with the structures of the cultural federalism of the Weimar Republic. ” Cultural policy: Länder. (No longer available online.) In: Kulturportal Deutschland. Federal Government Commissioner for Culture and the Media, archived from the original on April 26, 2014 ; Retrieved April 26, 2014 .