Il diritto giudiziale tedesco tra funzione integrativa e funzione sostitutiva della legge alla luce della disciplina sul diritto dell'informazione

Judicial lawmaking (i.e. judicial decisions as a general source of law) in Germany is still very disputed. However, many aspects of German law, for example labour law, is heavily influenced or even entirely created by the judici- ary. This essay, although starting from analyzing the theoretical discussions on Richterrecht, aims to investigate the role of the judiciary in interpreting statues (Gesetz) and law (Recht) with regards to the right of access to in- formation by the Media. Since 2013, the Federal Supreme Administrative Court (BVerwG) stresses that the Län- der have no jurisdiction in regulating the access to information, if the information is held by federal authorities. Missing a federal statute law to establish the discipline, the Media enjoy a right to access that comes directly from the Constitution. Finally, the Bundestag is currently discussing a bill aimed at “regaining back” its jurisdiction