This is a post for conflicts of laws nerds and lovers of legal policy – a lesson in symbolic politics and disregard for private international law expertise. And it takes me back to my days as a student assistant to Professor Schurig at Passau University where I learned the tools of the trade..
Following a referral by the Federal Supreme Court (Bundesgerichtshof), the Federal Constitutional Court (Bundesverfassungsgericht) has overturned the Law to Fight Child Marriages (Gesetz zur Bekämpfung von Kinderehe). Continue reading →
Almost to the day five years after the Act on the Protection of Cultural Property (Kulturschutzgesetz; KGSG) entered into force, the Federal Constitutional Court (Bundesverfassungsgericht) published a decision which dismissed several constitutional complaints (Verfassungsbeschwerden) challenging various previsions of the Cultural Property Protection Act. The constitutional complaints were brought by art and antiquity dealers and auction houses. They alleged that certain provisions of the Cultural Property Protection Act violated their basic rights (Grundrechte) based on Article 12, which protects the freedom to choose and exercise one’s profession and occupation and on Article 14 Basic Law (Grundgesetz),which guarantees and protects the right to private property. Continue reading →
On 15 May 2020, the Bundesrat (literally “Federal Council”, a legislative body that represents the sixteen federal states at the federal level), elected Astrid Wallrabenstein as a justice to serve on the Second Senate of the Federal Constitutional Court (Bundesverfassungsgericht).
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A little under a year ago, we reported that the Federal Constitutional Court (Bundesverfassungsgericht) had issued an injunction that stopped the Munich Public Prosecution Office (Staatsanwaltschaft München) to look into and use the documents it seized at the Munich offices of law firm Jones Day. A quick recap of the facts:
Jones Day has acted as counsel to Volkswagen in the diesel emissions matter since September 2015. It carried out an internal investigation, interviewing more than 700 Volkswagen staff, primarily in the context of criminal proceedings against Volkswagen in the United States. In March 2017, the Public Prosecution Office obtained a seizure order for the Jones Day offices in Munich and secured extensive documentation that stemmed from the internal investigation.
In July 2017, the Federal Constitutional Court ordered the Public Prosecution Office (Staatsanwaltschaft) München not to make use of the documents it seized and to have the documents put in custody with the Local Court (Amtsgericht) München, while the Federal Constitutional Court was considering the constitutional complaints (Verfassungsbeschwerden) filed by Volkswagen, Jones Day, and individual Jones Day lawyers. Today, shortly before the expiry of the second extension period, the court has dismissed all constitutional complaints.
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