[pp.int.general] where is the manifesto?

[Helmut Pozimski]

Am Saturday 27 December 2008 13:41:11 schrieb Reinier Bakels:
> >    For example, if you shorten the term of copyright in Germany only for
> > new
> >    works, you could as well argue that this discrimates author's who
> > create new
> >    works and is therefore unconstitutional.
>
> This is a common mistake. Equal treatment principles NEVER prevent a
> legislator from changing the law.
That's true. But a law does not only need to be changed. That change also 
needs to bear a constitutional complaint. (And if you change something in 
Copyright law that is against the interest of the big media companies, they 
will certainly) file one.

For example, we had a case in Germany regarding the Pendlerpauschale. 
(commuters' flat rate or something like that, don't know how to translate it) 
It is a way commuters can get a certain tax refund for every kilometer they 
travel to work. A while ago, the law was changed so that only commuters 
travelling more than 20 kilometers could get the refund. Now the 
constitutional court ruled that the law was unconstitutional because it 
doesn't treat all commuters equal. 

What I want to show you is not, that we can't make changes in the law or we 
have to do it in a certain way. I just want to show you, that we have to keep 
such things in mind when we get to a position of power, so that our changes 
we have been working so hard to achive are not invalidated on day after we 
passed them.

regards
Helmut
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