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„Colorblindness is the norm“
Prof. Haney-López, how do you think the Supreme Court will decide on the NYPD‘s stop-and-frisk practice? It is unclear whether the Supreme Court will agree to hear any eventual appeal. That said, the...
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“The Guardian does not appear intimidated”: On Freedom of the Press in the UK
Here in Germany, a lot of people were rather shocked about last week’s news of the British government cracking down on the Guardian to have them destroy their Snowden hard drives. That seemed to be a...
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Can the Election make the Law Unconstitutional?
The question raised by Maximilian Steinbeis already discloses the core problem: If on Sunday the five percent barrier clause became unconstitutional, what would suddenly have provoked its...
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“In Europe There Is No Solidarity in Terms of the Asylum System”
The Lampedusa catastrophe has once more brought the asylum system in the European Union to public attention. But despite all the official consternation displayed by the various European interior...
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Transnational State-Liability Law? Kundus on Trial
Next week the Bonn regional court will begin hearing evidence in the suit brought by victims of the Kundus attack, who are seeking compensation for damages. Just a few weeks ago Germany’s Federal...
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“Nine Eleven has caused a shift in the American legal awareness”
Recent revelations that the NSA is systematically wiretapping into conversations by heads of state and government of allied states are mainly seen as a political problem in the US, not necessarily as a...
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“Some Amount of Hypocrisy in the German Alarm”
The NSA tapping into the mobile communication of heads of allied governments – is that legal under American law? Yes. So, the NSA is actually allowed to do that? It is legal, yes. The relevant law...
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“There is no explicit rule that prohibits espionage. But that doesn’t mean...
Is it against international law to spy on mobile phone conversations of foreign heads of government? Wiretapping is not per se regulated by international law; there is no explicit rule that prohibits...
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Greece in Crisis
Even though it has not been on the agenda during the past electoral campaign in Germany, the crisis in the countries of the Euro area persists. The national crises of Euro countries are an expression...
View ArticleBans of Political Parties and the Case of Golden Dawn’s Right Wing Extremism...
Prosecution is pending in Greece against the Right Wing extremist party “Golden Dawn”. The accusations concern the criminal activity of the organization which is also a political party represented in...
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A whistle blowin’ in the wind? Why indifference towards mass surveillance...
“One of the most disturbing aspects of the public response to Edward Snowden’s revelations about the scale of governmental surveillance is how little public disquiet there appears to be about it.“ But...
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Must Germany protect the refugee Edward Snowden?
Asylum for Edward Snowden in Germany? The Federal Minister of the Interior has ruled it out. But is it really impossible to grant protection to Edward Snowden? A thorough reading of the law calls for a...
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Who Controls the Digital Frankenstein? The Future of the Data Retention...
The internet and smartphones are symbols of our times. They define the self-perception of this generation in quite a similar way as debates about abortion did some thirty years ago. Hence the media...
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“We don’t export our law to other countries – that would be hubris”
Mr. Weissmann, you were the General Counsel of the Federal Bureau of Investigation (FBI) from 2011 until October 2013. Did your legal work at the FBI change after the Snowden leak, and if so, what was...
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Mangold at its limits: Horizontal effect of EU fundamental rights
With a seemingly unspectacular decision, the Court of Justice of the European Union (ECJ) significantly limited the scope of the controversial Mangold jurisprudence. At the same time, the AMS judgment...
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ECJ and Data Retention: Emergence of a Right to Security?
In its judgment on the data retention directive (C‑293/12 and C‑594/12), the ECJ caught the spirit of the age. The storage of all communication data is disproportionate to the objectives of the...
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Legal but not Fair: Viktor Orbán’s New Supermajority
with Miklós Bánkuti in Princeton and Zoltán Réti in Budapest* Viktor Orbán and his Fidesz party coasted to a clear victory in last weekend’s Hungarian election, as expected. The governing party got 45%...
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The Animal Turn – what is it and why now?
The Animal Turn and the Law – 1st Annual European Animal Law Conference on 4/5 April 2014, Law School of the University of Basel, Switzerland (Doctoral programme “Law and Animals” of the Law School of...
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Fundamental Rights Overpressure in Europe?
This article is only available in German. The post Fundamental Rights Overpressure in Europe? appeared first on Verfassungsblog.
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ECtHR protects Freedom of Opinion of Anti Neonazi Activist
This article is available only in German. The post ECtHR protects Freedom of Opinion of Anti Neonazi Activist appeared first on Verfassungsblog.
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