Matthias StrohsAbwehr alkoholbedingter Gefahren

About this book deutschenglish

About ten million people in Germany suffer from alcohol abusage. The potential danger of this led to a huge number of regulations for the legal system. The purpose of this work is to define what action and/or formal legislative arrangement is needed by the German Federal States in order to reduce the dangers of excessive alcohol consumption. The author puts into consideration whether the state is supposed the deal with it and if so – on what basis the state should be obliged to protect its citizens against the dangers and risks of excessive alcohol consumption. A wide and comprehensive analysis from the legislator on the different legal areas (criminal law, traffic law, police law, civil law, social law and tax law) was carried out in order to look at different forms of protective action. In the author’s opinion the state has used its power to protect the citizens’ basic rights from danger when others are consuming excessive alcoholic beverages.

The author questions whether and to what extent norms may be complemented with regulations by the German Federal States for the containment of excessive alcohol consumption or if even new regulations should be substituted. Recently six measures were introduced and discussed in view of their constitutional validity. The author states that the German Federal States should be able to limit the sale as well as the consumption of alcoholic beverages in public and also advertisement and sponsorship for alcoholic beverages. There is no legislative basis to place a duty on firms which do not place public warning labels on alcoholic products nor is there the opportunity to raise taxes for such a purpose. Implementation of a special charge for alcohol prevention measures by the German Federal States is not provided. The widespread application of test buyers under age for the supervision of the delivery ban of alcoholic beverages according to youth protection is illegal.