Symposium with the China University of Political Science and Law on the right to work and occupational liberty

The China University of Political Science and Law (CUPL) and the FES Beijing office jointly hosted a webinar on the right to work and occupational liberty.

In Germany, the fundamental right of occupational liberty is protected by Article 12 (1) of the Basic Law. However, there is no right to work and no specific claim against the state.

Basic rights in Germany have both a protective and a benefit dimension, whereby the latter can be understood as freedom by the state. Furthermore, a distinction is made between original and derivative rights. In Germany, the constitution should create legal peace and legal certainty. The review of constitutional standards takes place via the constitutional complaint. The constitution speaks therefore through the judges.

In China, the constitution is constantly being adapted to economic realities. The Commission for Legislative Affairs of the Standing Committee of the National People´s Congress (NPC) plays a crucial role to review the compliance of constitutional standards.

This is what Prof. Reinhard Gaier, former judge at the federal constitutional court of Germany; Dr. Anna Caroline Quast, judge at the Karlsruhe Higher Regional Court as well as Dr. Lukas Kemnitz, presiding judge at the Heidelberg regional court exchanged with their Chinese counterparts from CUPL and experts from other relevant Chinese institutions. Both sides illustrated their respective context with practical examples of jurisdiction.

Apart from the symposium the three German experts had an intensive exchange with representatives of the Commission for Legislative Affairs of the Standing Committee of the NPC. Prof. Gaier also gave a presentation at the China University of Labour Relations (CULR) on equal pay, while Dr. Quast and Dr. Kemnitz joined the following discussion with teachers and students.