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Lawyer Prof. Dr. Dr. Karsten Fehn
Lawyer and tax consultant Dr. Dr. Bernd Josef Fehn
University Professor Dr. Otto Lagodny - Salzburg/Freiburg i.Br.

24. October 2022

Why does a transnational #criminal law case end up before the #administrative courts? How little – if at all – is the administrative jurisdiction equipped to hear cases in which the plaintiff and applicant is in #extradition detention?

Why do the principles of the #StPO not apply to the #VwGO in such cases?

Why does the German state not want to and does not have to protect the #fundamental rights of an innocent German citizen violated by other #EU states under German law?

Why do German administrative courts not recognize the #transcriminal significance of #ECJ case law?

Perhaps because it would completely overhaul the #Federal Government’s plan to #reform the #IRG and “overturn” traditional (but incorrect) German legal views on the principles of transnational criminal law and would not fit into the political landscape?

Prof. Dr. Otto #Lagodny, law firm partner Dr. Dr. Bernd J. Fehn and Prof. Dr. Dr. Karsten Fehn report on such a case in the July issue of #HRRS (from p. 246). In doing so, we have chosen a rather unusual method of presentation in the legal field. It is not a jurisprudential reappraisal (this has now taken up several hundred pages in the case file), but a deliberately subjective (and constitutionally combative) #case report with the title:

Kafkaesque Reality

Thoughts on a transnational case

from the perspective of those involved in the proceedings

Nota bene: The client is now free and back in Germany after more than 2 years of #detention (!) due to other circumstances. If it had been up to the German government, he would have had to serve up to 385 years (!) of #imprisonment in the #USA as an #innocent here… The case is still pending at the #EGMR. We will continue to report…

Enjoy reading.