On 27 April 2022, the European Commission presented its proposals “to improve the protection of journalists and human rights defenders from abusive litigation.” These proposals are intended to prevent so-called “strategic lawsuits against public participation” or “SLAPP lawsuits”. Continue reading
It is a contested issue whether it is admissible for parties to attend German court hearings by videolink whilst being abroad. Many, if not the majority of legal commentators argue that this is not admissible without prior approval from the foreign state concerned, because the German court thereby exercises Germany’s sovereign on foreign soil and thus violates the sovereignty of the foreign state where the parties are located. Continue reading
Back in February 2020, one of the last pre-Pandemic posts on this blog was by Matthias Weller. Professor Weller introduced a conference on a topic at the very heart of this blog, namely the Hague Judgments Convention. The conference did of course not go ahead as planned in 2020, because nothing did. Nor did it take place in 2021, but we are all fairly optimistic that everything will work out the third time round. I suggest that you mark 9 and 10 September 2022 in your diaries. Click here for details. Continue reading
When the pandemic started and court hearings by video became a real thing, German lawyers found, sometimes to their surprise, that the law was actually quite advanced: Already back in 2002, Section 128a ZPO was introduced to allow the conduct of court hearings using videoconferencing technology and the law was updated in 2013 (see our earlier post “Remote Courts in Germany” for details). The law in action has since caught up with the law on the books: Courts have been equipped with the necessary hardware and hearings by videoconferencing have become a regular feature in many court rooms across the country – and they are likely to stay in a post-pandemic world. However, there remains some uncertainty regarding the use of videoconferencing in a cross-border context.