State Service
A state service is an intergovernmental or international agreement between two or more states that is concluded to avoid conflicts between the territorial sovereignty of one state and the personnel sovereignty of another state. Under easement means a right to use a foreign thing.
From the personal sovereignty , the rule of state power gives over its citizens wherever they are, while territorial jurisdiction the legal parent domination of the state over all its territory situated property and persons designated. Both can be in competition with each other. This tension between personal and territorial sovereignty is eliminated by state servants.
- Example:
- A German commits a robbery in France. Due to the sovereignty of the staff, it is subject to German criminal law. The Federal Republic of Germany cannot, however, return him to Germany without the help of France, since it has to respect the territorial sovereignty of France. A repatriation is only possible with the consent of France, as Germany is not allowed to exercise any sovereign powers on French territory.
A distinction must be made between positive and negative state servants. A positive state service is the obligation of a state to tolerate foreign state power on its own territory , for example military bases on foreign territory. A negative state service is understood to be the obligation of a state to forego the exercise of state authority to a certain extent in its own territory. This includes, for example, a treaty that contains an arms restriction.
The extraterritoriality can also be understood as a special form of positive state servitude. However, it describes the limitation of sovereign powers exclusively for diplomatic communications.
The double taxation agreements are still viewed as a special form of the state servitude.
Individual evidence
- ↑ Maier, Staats- und Verfassungsrecht , p. 27
literature
- Walter Maier: Green series, state and constitutional law , Erich Fleischer Verlag, Achim, ISBN 3-8168-1014-4 .
