Best Deutscher Anwaltverein Dav Podcasts (2022)

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We need to talk about the Rule of Law

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#12 We need to talk about Financial Sanctions 1:03:10

1+ y ago1:03:10

1:03:10

As 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 Po…

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We need to talk about the Rule of Law

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#11 We need to talk about the ECJ 54:31

1+ y ago54:31

54:31

The 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 ex…

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We need to talk about the Rule of Law

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#10 We need to talk about the European Convention on Human Rights 48:12

1+ y ago48:12

48:12

Europe 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 o…

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We need to talk about the Rule of Law

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#9 We need to talk about Refugees and Migration Law 59:52

1+ y ago59:52

59:52

We 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 …

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We need to talk about the Rule of Law

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#8 We need to talk about the Penal System 53:17

1+ y ago53:17

53:17

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 …

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We need to talk about the Rule of Law

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#7 We need to talk about Legal Education 1:02:34

1+ y ago1:02:34

1:02:34

We need to talk about legal education. As the last couple of episodes of our podcast have demonstrated, preserving the rule of law depends to a large quantity on people working in legal professions. What prosecutors, judges, attorneys, and, to a large degree, people working in the executive branch have in common, is a law degree. This means that we…

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We need to talk about the Rule of Law

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#6 We need to talk about Attorneys 45:11

1+ y ago45:11

45:11

Attorneys 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’…

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We need to talk about the Rule of Law

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#5 We need to talk about Prosecutors 36:21

1+ y ago36:21

36:21

Public 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 the…

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We need to talk about the Rule of Law

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#4 We need to talk about Procedural Law 52:50

1+ y ago52:50

52:50

Courts 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 lon…

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We need to talk about the Rule of Law

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#3 We need to talk about Disciplinary Proceedings 47:54

1+ y ago47:54

47:54

Judges, 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 poin…

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We need to talk about the Rule of Law

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#2 We need to talk about Judicial Nominations 46:57

1+ y ago46:57

46:57

It'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 …

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We need to talk about the Rule of Law

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#1 We need to talk about Constitutional Courts 36:13

1+ y ago36:13

36:13

Constitutional 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 wi…

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We need to talk about the Rule of Law

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#0 Trailer 2:16

1+ y ago2:16

2:16

What 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!By Verfassungsblog & DAV

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1
We need to talk about the Rule of Law

Verfassungsblog / DAV

1
#12 We need to talk about Financial Sanctions 1:03:10

1
#11 We need to talk about the ECJ 54:31

1
#10 We need to talk about the European Convention on Human Rights 48:12

1
#9 We need to talk about Refugees and Migration Law 59:52

1
#8 We need to talk about the Penal System 53:17

1
#7 We need to talk about Legal Education 1:02:34

1
#6 We need to talk about Attorneys 45:11

1
#5 We need to talk about Prosecutors 36:21

1
#4 We need to talk about Procedural Law 52:50

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#3 We need to talk about Disciplinary Proceedings 47:54

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#2 We need to talk about Judicial Nominations 46:57

1
#1 We need to talk about Constitutional Courts 36:13

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#0 Trailer 2:16

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