Can someone explain me how to do the double lawfulness test properly?
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I think in week 3, the procedural requirements requirements are missing. Also, before alternative means you should mention the special diligence.
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There is also procedural requirements in the legal basis, you are correct. But the echr has these two as well.
Hi, during my tutorial we only discussed the national procedure, so if you know what the echr procedure is let me know! To me national provision + the bringing in front of a judge (Magee) seems sufficient tbh As for special diligence it is in point 2bii2 of the 3rd week :)
Does anyone know what were the steps followed in order to solve Case 1 of Week 7 ? And about the conclusion (whether it was admitted to trial or not)?
1. Does the measure fall within the scope of art. 3 ECHR? (gafgen + Jalloh) a. Necessity b. Health risk involved c. Manner in which the treatment is administered d. Medical supervision available e. Effects on the suspect’s health 2. If the measure doesn’t fall within the scope : It was legally obtained / If the measure does fall within the scope : Check if the fair as a whole remains fair nonetheless for the purpose of art. 6 ECHR (Jalloh a. Was the evidence decisive? b. Was there an intention to inflict pain? c. Was the defense given an opportunity to challenge? d. Was the measure undertaken in the interest of the public? 3. Conclusion • Note : If the measure is considered as torture – There is an automatic violation of the right to a fair trial under art. 6 ECHR
in the end it was not allowed if I am not mistaken
Does anyone know the paragraphs of the Allan criteria in the case?
anyone have a document with all the relevant ecthr judgements which we are allowed to take to the exam? please upload if possible
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Thank you! Are we allowed to take that to the exam?
I don't think so unfortunately (because damn all that case law on the table is gonna be a mess). I mainly did that so that I could have an overview of the relevant part of each case, and to try to remember as many as possible dissensus so that I do not lose time looking for which case and then which relevant part is what I need to answer the question (which is what my tutor advised us to do)
ithink it's 18 hours?
The hearing in which the decision is made about the bewaring must take place within three days and fifteen hours after the arrest. At this hearing the investigative judge also checks the legality of the arrest (Article 59a CCP) - That's the exact sentence in the reader, but you are right tho the article in the Maas Collection says 18 hours - I should've doubled checked! So sorry about that!
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great summary, thank you so much! :)
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If you prefer to study the cases with flashcards, I made some with the main definitions, principles and notions. They are available there:
Thank you the flashcards are very well made and useful!
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Even with all the new summaries available, yours remains my favorite! Thanks you did a great job
This is for improper compulsion no? For inhuman or degrading treatment: decisive; Public interest; Unintentional pain/suffering; Ability of challenge
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In the lecture she said 'Unintentional pain/suffering'.. Weird, now im confused
Yes she did That's why I always use paragraph 107 +117 toghether and, I think I will assess the Intention within the nature and degree
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Really nice summary, but is there something missing at the end?
The missing part was only: "that is not bound by the agreement" §92: sufficient judicial review (of both the content of the agreement and the fairness of the procedure), important that the court makes its own assessment of the fairness and that it is not bound by the agreement
Thanks, that makes it clearer!
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It is very complete, every important case is mentioned. I really like it. Thank you!
I have no answer to this two questions. If you know it, I would appreciate it if you sahre it :-)
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I really like your summaries, they are super helpful! Do you maybe also have them from week 4/5/6?
Thank you! Lecture 4 is ready, I will upload it in a sec but I still need to complete lectures 5 and 6
Thank you so much!
Hey guys i am lost with the asnwer for this question of TUTORIAL 2: What are the conditions for intercepting emails and how and why these differ from interception of telecommunications in German law?
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I love that you mention case law and the relevant paragraphs of it <3 thank you, good job
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I really like the charts you made, it makes the info clearer and easier to understand
Does anyone by chance have the reader still?
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Awesome. Would you be willing to let me borrow it?
I also have a hard copy of the reader in case you are still looking for one to buy :)
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Excellent summary literally saves a lot of time and effort . 1 correction only at the WEEK 4 - Pre-trial detention at the section "DETENTION ON REMAND & DANGER OF ABSCONDING. You included the fact that it cannot be due to the risk of imprisonment. I just happen to read the materials and there is a bonus case named Stögmuller which essentially holds that it can be possible BUT in order for that to happen there need to be a whole set of circumstances indicating that the consequences and hazards that the suspe
Thanks for your comment!! And you're completely right, indeed it can be taken into account!
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Life saver, honestly!!!
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Wish you all the best too <3<3<3
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Thank you!!!
Np <3
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Very good honey <3
<3 <3 <3 good luck my girls
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very Good!
Thank you <3