Дело ФКС Германии «Преподаватель вуза» от 8 июля 1997 года в контексте взаимодействия институтов государственного суверенитета и международного правопреемства

The article deals with an interesting problem at the cross-roads of constitutional law and international law at the basis of a known decision of the Federal Constitutional Court concerning the dismissal of a university lecturer on Modern History who had got his academic title of docent in the GDR. The plaintiff was fi red on the grounds of “professional inadequacy”, imputed to him by an expertise made by a Western Germany colleague and reasserted by a special evaluation commission. In his complaint the plaintiff argues that the dismissal decision was ideologically motivated. It contradicts the principles of democracy and rule of law. Moreover, it infringes upon his constitutional rights such as a right to profession and right to scientifi c work. No matter which party managed to present the strongest arguments, this case raises the question of correlation of state sovereignty and international succession, including the most neglected problem of liability of the nation-state as far as fortunes of its new citizens are concerned.