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Type: Article Author: Thomas Wahl Clear all

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Article
What Remains of the ordre public in Transnational Surveillance?

ANOM was an undercover law enforcement operation in which the American FBI distributed encrypted mobile phones with a hidden backdoor, allowing authorities to monitor previously untraceable criminals’ communication in real time. Many details of the operation were kept confidential by law enforcement. The intelligence gathered …

Published 3 weeks, 6 days ago
Article
Refusal of European Arrest Warrants Due to Fair Trial Infringements

One of the most controversially discussed and unresolved issues in extradition law, namely whether extradition can be denied because elements of a fair trial will not be ensured in the requesting (issuing) State, gained new momentum after the CJEU’s judgment in “LM” of 25 July …

Published 5 years, 2 months ago
Article
Der Rahmenbeschluss zu Abwesenheitsentscheidungen

Judgments rendered in absentia are at the core of the ordre public discussion as has shown the “Melloni case.” The issue has high practical relevance as a possible barrier to judicial cooperation in criminal matters. The following article investigates the solutions that have been found …

Published 5 years, 9 months ago
Article
Die EU-Strafverfahrensrechtsrichtlinien vor deutschen Gerichten

The article summarises the recent references of German criminal courts to the ECJ seeking guidance on the interpretation of the German procedure for penal orders (Strafbefehlsverfahren). Conformity was sought with regard to the EU directives on the right to interpretation/translation and the right to information. …

Published 7 years, 3 months ago