Verfassungsblog & DAV - Podcast Details

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Gerechtigkeit & Loseblatt#41: Migrationsdebatte auf Abwegen, Sozialabgaben à la Habeck, Chillen nach Kündigung, IStGH-Sanktionen, DAV-PräsidentDie Migrationsdebatte in Deutschland wird immer absurder, nicht nur im Kanzler-Duell. Robert Habecks Vorschlag, Sozialabgaben auf Kapitalerträge zu erheben, besprechen Lorenz, Amos und Wieduwilt mit Prof. Constanze Habeck. Und das BAG entscheidet, ob man Themen: 00:02:09 Nicht nur im Kanzlerduell: Die deutsche Migrationsdebatte auf Abwegen 00:18:05 Sozialabgaben auf Kapitalerträge: Wollen die Grünen dem ETF-Sparer ans Geld? 00:33:45 Chillen nach der Kündigung? Das BAG entscheidet zur fiktiven Verdienstanrechnung 00:44:39 Was sonst noch los war: Trump macht Trump-Sachen, § 218 StGB bleibt 00:51:29 Plötzliche Personalie: Stefan von Raumer wird neuer Präsident des Deutsch...2025-02-1357 min

We need to talk about the Rule of Law#DefendingTheDefenders – Episode 7: UN Special Rapporteur Margaret SatterthwaiteOn the 24th of January, the Day of the Endangered Lawyer, we conclude our podcast with a conversation with Margaret Satterthwaite. She is a professor of Clinical Law at New York University and was appointed as United Nations Special Rapporteur on the independence of judges and lawyers in October 2022. In this season, we have been looking at the challenges and dangers lawyers and human rights defenders face in their work in many different countries. We have been talking about Poland, Belarus, Turkey, Afghanistan, Colombia and the European Union. From harassments over identifications of lawyers with their clients...2023-01-2424 min

We need to talk about the Rule of Law#DefendingTheDefenders – Episode 6: The European UnionIn the sixth episode of our rule of law podcast #DefendingTheDefenders with Deutscher Anwaltverein, we talk about the European Union and the state of the professional freedom of attorneys there. Within the jurisdiction of the European Union, there are a number of issues attorneys and their associations are worried about. The right to defence and legal services as well as the attorney-client-relationship is being targeted in an unjustified manner in areas such as the fight against money laundering or terrorism as well as in sanctions packages against Russian corporations in the wake of Russia's ongoing war against Ukraine, they...2023-01-2055 min

We need to talk about the Rule of Law#DefendingTheDefenders – Episode 5: ColombiaThe fifth episode of #DefendingTheDefenders, the rule of law podcast by Deutscher Anwaltverein and Verfassungsblog, focuses on Colombia, where the situation for attorneys and human rights defenders is particularly dangerous. In recent years, hundreds of attorneys and human rights defenders have been killed, death threats against them are being made on a regular basis, and they have been under pressure by the government as well. The danger they face in their work is deeply connected to the issues they fight for and the clients they represent. In this episode, we talk to CLAUDIA MÜLLER-HOFF, a human rights defender t...2023-01-0630 min

We need to talk about the Rule of Law#DefendingTheDefenders – Episode 4: TurkeyIn the fourth episode of #DefendingTheDefenders we talk about the situation of lawyers in Turkey with Veysel Ok. He is an attorney in Istanbul and the Co-Director of the Media and Law Studies Association, a non-profit which monitors and defends freedom of expression cases against journalists. Veysel has defended high-profile cases such as those against the journalist Deniz Yücel and the novelist Ahmet Altan. Following his work as an attorney in these cases, he has been subject to harassment and prosecution himself. In this episode we will discuss how the Turkish government tries to get rid of independent l...2022-12-3027 min

We need to talk about the Rule of Law#DefendingTheDefenders – Episode 3: AfghanistanWhen the Taliban took over power in Afghanistan in the summer of 2021, it was a disaster for women. Immediately, they were stripped of their rights, in particular their political rights. In the third episode of #DefendingTheDefenders, a podcast by Deutscher Anwaltverein and Verfassungsblog, we talk to Shabnam Salehi about the human rights situation in Afghanistan and the rights of women in particular. Shabnam describes the years leading up to the Taliban coup as a golden era of women’s rights. At the initiative of human rights activists, the government had taken many steps to promote and protect wom...2022-12-0951 min

We need to talk about the Rule of Law#DefendingTheDefenders - Episode 2: BelarusIn the second episode of Defending the Defenders, we talk to Dmitri Laevski about the rule of law and human rights in Belarus. Dmitri is a criminal attorney turned human rights lawyer in the wake of the 2020 presidential elections. He takes us through the recent history of the rule of law in Belarus, from realising that the concept he learned about in university didn't really exist in practice to the organisation of the legal professions in the last decade to the rule of law crackdown in 2020 and ever since. Having himself lost his licence to...2022-11-2559 min

We need to talk about the Rule of Law#DefendingTheDefenders - Episode 1: PolandWe Need to Talk About the Rule of Law is back for a second season that focuses on the impact of rule of law erosions on attorneys. In the first episode, we talk to Mikołaj Pietrzak. He is an attorney and the Dean of the Warsaw Bar Association, which is the oldest professional legal association in Poland and the administrative association of attorneys in Warsaw. That places him right in the middle of the rule of law crackdown that has been going on in Poland under the ruling PiS party since 2015. In our conversation, he shows us how a...2022-11-1132 min

We need to talk about the Rule of Law#12 We need to talk about Financial SanctionsAs our podcast comes to an end, the year and the German presidency of the European Council do too. One of the foremost projects of the German presidency has been to link EU funding and compliance with rule of law standards. The mechanism is going to be a part of the next long-term budget of the Union, starting from 2021 – that is, if Hungary and Poland vote in favor of it, which is increasingly unclear at the moment. The connection of rule of law violations and EU money, the advantages and shortcomings of financial sanctions for member states as well as...2020-12-091h 03

We need to talk about the Rule of Law#11 We need to talk about the ECJThe European Court of Justice has been in the middle of the European rule of law crisis for the last couple of years – and it has called out rule of law violations especially in Hungary and Poland multiple times. But the Court can’t defend the rule of law in the European Union on its own, and it needs institutional partners in this struggle. For example, it needs someone to file cases and to follow up on its orders. Does the European Commission do enough on their part? Who is the guardian of the Treaties – the Commission, the Court, none o...2020-12-0454 min

We need to talk about the Rule of Law#10 We need to talk about the European Convention on Human RightsEurope is larger than the EU – and a European framework aiming at preserving basic rights and freedoms as well as rule of law safeguards has been in place for 70 years precisely this November: the European Convention on Human Rights. Today, we take a deeper look at the Convention and at the institutions that work to enforce it: The European Court of Human Rights and the Venice Commission of the Council of Europe. Are they capable of adding another layer of human rights and rule of law protection to the European legal framework? What kind of support do those institutions ne...2020-11-2548 min

We need to talk about the Rule of Law#9 We need to talk about Refugees and Migration LawWe need to talk about refugees and migration law. In discussions about these topics, refugees and migration policy are often being treated as the other of politics and policy. But the way states treat those seeking refuge and asylum on their territory is fundamentally a rule of law issue, and actually says a lot about the current state of the rule of law there: Are refugees able to enter a jurisdiction and apply for their right to asylum? Are due process obligations being observed? Do refugees have access to...2020-11-1859 min

We need to talk about the Rule of Law#8 We need to talk about the Penal System We need to talk about the Penal System. In European Criminal Law, there largely is consensus that criminal law should be ultima ratio, that is, the last resort when the law is applied and executed. However, criminal law and the penal system at large have also proven to be an efficient way to silence political opponents and citizens turning against the government by literally barring them from raising their voice in public. We have seen examples for this in Europe, and we’ll have to talk about that today. But there are more aspects to this topic: How...2020-11-1153 min

We need to talk about the Rule of Law#7 We need to talk about Legal Education 2020-11-041h 02

We need to talk about the Rule of Law#6 We need to talk about AttorneysAttorneys are not on everyone’s mind when they think about the rule of law. The European Commission gave a prime example for that when it remained conspicuously silent about the role of lawyers in its recent Rule of Law report. Yet, attorneys play just as important a role in preserving the rule of law as other parts of the judicial system do. What’s more: Where they are at risk of being prosecuted for doing their jobs, the erosion of the rule of law is imminent. We talk about attorneys with our distinguished guests in this week...2020-10-2845 min

We need to talk about the Rule of Law#5 We need to talk about ProsecutorsPublic prosecutors decide whether a criminal suspect is investigated. Or not. They decide whether a person is indicted and whether there will be a trial. Or not. If you control them, you can make your opponents' life miserable and let your friends run free. On the other hand: If prosecutors don't have to answer to politics at all, who will hold them accountable? This is what we discuss with these distinguished guests in this week's episode: JOSÉ MANUEL SANTOS PAIS is a Prosecutor at the Portuguese Constitutional Court and head of t...2020-10-2236 min

We need to talk about the Rule of Law#4 We need to talk about Procedural LawCourts don't just exist. They are shaped by organisational and procedural rules which are enacted by the legislative – and can be abused accordingly. Court packing schemes and tampering with the retirement age of judges are just two examples of such abuse. On the other hand, sometimes the judiciary is indeed in need of reform, e.g. when they no longer manage to deliver judgments in a timely fashion. How do you distinguish "good" judicial reforms from "bad" ones? Is there such a thing as a "good" court packing scheme? This is what we discuss with the...2020-10-1452 min

We need to talk about the Rule of Law#3 We need to talk about Disciplinary ProceedingsJudges, as all other people, sometimes misbehave. In that case, a procedure needs to be in place to examine if a sanction is required and, if so, to impose it. Disciplinary procedures, however, can be misused by an authoritarian government as blunt yet efficient tool to force the independent judiciary into submission. The most striking case in point is, once again: Poland. Judge Igor Tuleya is facing removal from office and worse for having crossed the government once too often in his discharge of his judicial duties. And he is not the only one. Our d...2020-10-0747 min

We need to talk about the Rule of Law#2 We need to talk about Judicial NominationsIt's easy to agree that judicial independence is important – but who gets to be a part of the judiciary, who gets promoted to which court and who enters the highest ranks is a decision that has to be taken by someone, and a lot depends on who that someone is. Controlling judicial nominations is one of the key elements in all authoritarian takeover strategies which have been implemented in recent years in Poland, in Hungary and elsewhere. This is what we will discuss with our three distinguished guests today: FILIPPO DONATI is a pro...2020-09-3046 min

We need to talk about the Rule of Law#1 We need to talk about Constitutional CourtsConstitutional courts are under attack in many countries in Europe and beyond. Why? And why now? What can be done to protect them, and what are the most important conditions for constitutional courts to function? These are the questions we discuss in the first episode of our new podcast with three guests, two of them former constitutional judges with first-hand experience on these matters, and one a scholar who has written an outstanding book on the German Bundesverfassungsgericht. STANISLAW BIERNAT was the Vice President of the Polish Constitutional Tribunal while the government launched...2020-09-2336 min

We need to talk about the Rule of Law#0 TrailerWhat is our new podcast going to be about? What is the concept behind "We need to talk about the rule of law"? What do we want to achieve with this podcast? Why is this urgent? Listen to the Trailer to find out! 2020-09-1602 min