KritV Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft

Michel Foucault, in Surveiller et punir. Naissance de la prison notes the change of paradigm in criminal law through the history of the prison. The book was published in 1975 at a time when a revolution of the prisoners took place in France,...

This article critically approaches the recent decision of the German Federal Constitutional Court regarding the ban on strikes for civil servants. It shows that the judgment cannot be seen as a decision committed to international public law, as some...

Le 12 décembre 2017 la Commission de l’Union Européenne déposait une proposition relative à l’interopérabilité des systèmes d’information de l’Union Européenne. La proposition prévoit que tous les systèmes d’information...

Au cours des dernières décennies, la législation de l’UE sur les marchés publics a évolué en incluant des préoccupations sociales entre les facteurs à prendre en compte par l'entité adjudicatrice. Entre cette préoccupation, les clauses...

According to Kant, the path to an eternal peace demands the foundation of transnational legal relations. Kant’s prediction of the necessity of a global world order becomes true in a remarkable way in light of the world-wide surveillance of...

Legal standards for monetary policy measures of the European Central Bank are, as is well known, controversial, in particular the concretisation of competence for monetary policy in contrast to economic policy. The separability suggested by the...

Partant de la célèbre devise prononcée au 18ème siècle : „No taxation without representation“, la contribution suivante présente la relation fondamentale entre la fiscalité, la politique fiscale et la démocratie. Au regard de la...

The recent case law of the Federal Constitutional Court and the Federal Administrative Court furthers the established jurisprudence on neutrality of the state’s public relations activities. However, the new aspects are less concerned with the...

The article deals with the role of the state with respect to public safety and order. In a first step the article demonstrates the high priority different state and non-state actors attach to this political field. After a short recourse to the state...

A judgment of the Constitutional Court of the State of Hesse delivered on 10 May 2017 has raised the question as to the relationship between federal and state-level fundamental rights in application to so-called multipolar fundamental rights...

The legislator has based the new Act on the Protection of Cultural Property on the idea that certain objects should be subject to special protection because of their significance for cultural life. However, the legislator does not live up to his own...

Cet article introduit le concept de la „perversion du droit“ en ses figures : la légalité discriminatoire et les espaces d’autarchie. En même temps il discute trois cas de perversion de droit. Le texte démontre que l’idée de pervertir...

The reignited conflict between the regional government of Catalonia and the Spanish government has once again fueled the debate about the right to self-determination of peoples concerning its underlying normative contents as well as the question as...

Over the past decades, the historical research has contributed in various fields to the reappraisal of the functions of law as well as the role of lawyers and courts during the National Socialist period. This also led to a critical revision of the...

The development of the internet into a mass communication medium is accompanied by the phenomenon of the so-called internet-pornography. Some associate it with sexual pleasure and emancipation, others with harm and dangers. The article scrutinizes...

Since the adoption of the so-called First Act of Reform of Financial Markets (1. FiMaNoG) on 30 June 2016 the German legislator has fundamentally remodeled the German law on insider trading as well as market manipulation. This measure is part of a...

The aim of this article is to highlight the different issues that one faces when trying to ensure fundamental rights of FinTech users. Data protection and especially the provisions of the General Data Protection Regulation are used as an example of...

State of emergency, state of exception and terrorism recently have been discussed extensively - apparently as contingent terms. Almost as if it would be an obvious reaction - apparently several - state of emergencies are being administered to deal...

When the Attorney General at the European Court of Justice, Paolo Mengozzi, presented his Opinion in the case X and X on 7 February 2017 he provoked a turmoil amongst the general public as well as amongst legal scholars and experts. Whilst...

On 10 May 2017 the Constitutional Court of Hessen in Wiesbaden had to decide on a case that reveals that the lack of statutory standardization of the law of industrial action raises difficult constitutional questions for Germany as a federal state...

Information technologies increasingly influence our everyday lives. Tablets and smartphones have become an integral part of our daily lives. They do not only serve as means of communication but are also used to organize private and professional...