Discussion Following the Presentation by Jochen Abr. Frowein

My question is: what is the binding force of the decisions about which we should inform the Courts and so on. That is a question of res iudicata and one must take into account that principally the decisions are working only inter partes. Moreover, the Court, and that’s important for me, could change its own view and a Constitutional Court can do so also, and what’s then the existing law? So even by repetition, there might occur a certain change of the Court’s opinion for a similar case in a new situation and the case was lost. So I doubt whether the information about existing law could stabilize the legal situation.