maybe you can help me, or give some advice, in this tricky case.
The original case is, that I got a flat sold, where the seller did not really own this flat. The flat had been build inside the roof of a multi flat house. An architect was allowed to use the attic by all the other owners who owned flats inside the house, as storage. But he build a flat inside the attic. Then he got this flat certified by officials by the state of bavaria. In spring 13, the building register of the state of bavaria got informed by the building authority about this unauthoriced flat. I got this flat sold in september 13, still with a valid certificate of the state of bavaria. Even paying allmost 900€ for registering my ownership and paying 12420€ in tax.
By law, the state of bavaria would have to revoke the certifikate in spring 13, after getting knowledge about the legal issue. But they did not, because they had been affraid of getting liable of the 250'000€ mortage being registered on this flat at this time.
That the damage is much higher today, they are not interested in.
I won the case against the architect, but the architect filled bankrupt and bavaria is not doing anything, that I do get my money back from him.
I do not trust the legal system in Germany anymore.
So lets have a look at the history of bavaria. After WW2 bavaria had been concquered by US forces. After the end of war, bavaria was occupied by US. The US Military government wanted, that bavaria gets under self controll really fast. So Lucius D. Clay, deputy military governor of occupied germany, ordered bavaria to constitute themselfes. So with the help of Walter J Mueller, leader of the office of military government in Bavaria, the new bavarian constitution was taking in place.
Each resident of Bavaria shall be entitled to adequate housing.
The furtherance of the construction of low -priced social housing shall be the task of the state and the municipalities.
The home shall be a sanctuary for everyone and shall be inviolable.The Basic Rights are Art 98 - 123. So Art 106 is a basic right an the order to the Higher Administrative Court is quite clear. Howsoever, the High Administrativ court ruled 1962, that 106 I BV is a "program" and not a right of the citizen. Some other basic rights got cut same way.Art. 98
In principle, the basic rights guaranteed by the Constitution must not be restricted.
Restrictions by law shall only be admissible if this is absolutely necessary for the public safety, morality, health and welfare.
Other restrictions shall only be admissible subject to the prerequisites of Art. 48.
The Higher Administrative Court must declare void any laws and ordinances which restrict a basic right in violation of the Constitution.
If you have a look to
The Constitution can only be changed by way of legislation.
Motions for changes of the Constitution which are opposed to the fundamental ideas of democracy of the Constitution shall be inadmissible.
Resolutions of the Bavarian State Parliament for a change of the Constitution shall require a majority of two thirds of its members.
They must be presented to the people for decision.
The Bavarian Constitutional Court shall rule on disputes as to whether the Constitution should be changed by a law or whether a motion aims for an admissible change of the Constitution.
Changes of the Constitution must be included in the wording of the Constitution or in an annex.
So if a simple majority is enough to declare a judge to the high court, the government is able, to select "loyal" judges. So it is impossible, to get your rights from constitution by court.Art. 68
The Bavarian Constitutional Court shall be formed at the Higher Regional Court in Munich.
The Constitutional court shall be composed as follows:
In the cases governed under Art. 61, it shall be composed of one of the Presidents of the Bavarian Higher Regional Courts, eight professional judges, three of whom sit in the Higher Administrative Court, as well as another ten members to be elected by the Bavarian State Parliament;
In the cases under Art. 65, it shall be composed of the President and eight professional judges, three of whom sit in the Higher Administrative Court;
In all other cases it shall be composed of the President, three professional judges, two of whom sit in the Higher Administrative Court, and five members elected by the Bavarian State Parliament.
The President and the professional judges shall be elected by the Bavarian State Parliament.
They cannot be members of the Bavarian State Parliament.
Since the people of bavaria never got a chance, to reconstitute themselves, I am asking myself, is there a way, by any chance, to get back to the US legal system.
Because, having a lawsuite against germany I do prefere a judge, not being on the payroll of germany.
And, is there is a place, where you can find an attorny to bring this case in front of an US Judge, or US Military court?