Law

For disputes concerning digital goods, we still apply the laws that date back to a time long before digitalisation and the internet. This practice is now often reaching its limits. Based on the question of which jurisdictional interests the law follows, the author makes concrete proposals for resolving jurisdictional issues in disputes over digital goods.

The European Union's Common Foreign and Security Policy (CFSP) has undergone a remarkable development. This transformation challenges its former intergovernmental reception and instead positions the CFSP as an integral part of the EU's supranational legal framework.

Daniel Krotov examines the procedural means by which the Federal Constitutional Court and Conseil constitutionnel seek to assert their position vis-à-vis ordinary courts in areas superimposed by European human rights and EU law, and highlights the consequences of these strategies for their relationship.

Karoline Maria Linzbach examines how informational self-determination has developed into a kind of super-fundamental right. Starting from its roots in the dangers of modern data processing, she examines the concretization of the general freedom right enshrined in Art. 2 para. 1 of the German Basic Law (GG) within the legitimizing framework of liberal democracy. Interrelated dogmas, such as hypothetical new data collection, the chilling effect, and additive interventions, are examined in terms of their legal effectiveness and subjected to a legitimization-oriented critique.