Library of Congress

Law Library of Congress

The Library of Congress > Law Library > News & Events > Global Legal Monitor

Germany / European Court of Human Rights: Caning of Children Justifies Withdrawal of Parental Authority

(Apr. 19, 2018) On March 22, 2018, the European Court of Human Rights (ECtHR) unanimously held in the cases of Tlapak and Others v. Germany and Wetjen and Others v. Germany that the withdrawal of the applicants’ parental authority did not violate article 8 of the European Convention on Human Rights (ECHR), which grants the […]

Russia: No Warrant Needed for Chat and Email Eavesdropping

(Mar. 29, 2018) In a recently issued ruling, the Constitutional Court of the Russian Federation confirmed the constitutionality of the current criminal procedural order under which investigators do not need to obtain a court warrant to access the content of electronic communications found on telephones, tablets, and personal computers of persons investigated at the scene […]

Germany: Federal Administrative Court Allows Cities to Ban Diesel-Fueled Vehicles to Reduce Air Pollution

(Mar. 28, 2018) On February 27, 2018, Germany’s highest administrative court, the Federal Administrative Court (Bundesverwaltungsgericht, BVerwG), held in two not-yet-published decisions that older and more-polluting diesel-run vehicles could be banned from predefined zones in the cities and metropolitan areas that are the worst affected by nitrogen dioxide (NO2)-polluted air. The Federal Administrative Court thereby […]

Germany: Court Rules Google Has No Duty to Check Websites for Defamatory Content Before Displaying Search Results

(Mar. 19, 2018) On February 27, 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH) ruled that Google is not obligated to prescreen websites for defamatory content before displaying links to them in its search results. (BGH, Feb. 27, 2018, Docket No. VI ZR 489/16, BGH website (not yet published); Press Release No. 39/2018, BGH, […]

Sweden: Appellate Court Grants Sami Village “Better Right” to Hunting Rights, but Not Control over Them

(Mar. 8, 2018) On January 23, 2018, the Appeals Court for Upper Norrland (Hovrätten for Övre Norrland) decided that the Sami village Girjas has a “better right” to fishing and hunting rights in its reindeer-grazing area than the Swedish state, concluding that the state has no right to fishing or hunting in that area. The […]

Germany: Islamic Umbrella Organizations Ruled Ineligible to Teach Religious Classes in Public Schools in North Rhine-Westphalia

(Feb. 27, 2018) In a decision published on January 10, 2018, the Higher Administrative Court of North Rhine-Westphalia (OVG NRW), the highest state court in administrative law matters, held that the petitioners, two Islamic religious umbrella organizations, were not entitled to introduce Islamic religious classes in public schools as a permanent part of the school […]

Israel: Supreme Court Holds Threat of Suicide Not a Criminal Offense

(Feb. 15, 2018) On January 17, 2018, Israel’s Supreme Court unanimously overturned the conviction of an appellant who had threatened to take her own life and been charged with committing a criminal threat under § 192 of the Penal Law, 5737-1977. The Court opinion was issued by Justice Dafna Barak-Erez, with Justices Uzi Vogelman and […]

Japan: Supreme Court Affirms Reversal of Order to Return Children with Dual Citizenship

(Jan. 12, 2018) On December 21, 2017, Japan’s Supreme Court affirmed a High Court decision that reversed a previous order for the mother of four children with dual Japan-US citizenship to return the children to their father in the United States. (Sup. Ct., Case No. 2017 (kyo) 9 (Dec. 21, 2017) (in Japanese; click characters […]

Japan: Supreme Court Reverses View on Whether Obscene Intent Necessary for Crime of Forcible Indecency

(Dec. 5, 2017) On November 29, 2017, the Supreme Court of Japan reversed a nearly five-decade-old precedent, stating that no obscene intent is necessary for the crime of forcible indecency.  (Saiko Saibansho [Sup. Ct.] Nov. 29, 2017, Case No. 2016 (a) 1731, Courts in Japan website (in Japanese) (click on the two characters beside PDF […]

Italy: New Legislation on Honorary Judges

(Sept. 28, 2017) On July 18, 2017, new legislation amending the statute on honorary judges and other judges entered into effect in Italy. (Legislative Decree No. 116 of July 13, 2017, Organic Reform of the Honorary Judiciary and Other Provisions on Justices of the Peace as well as Temporary Regulations on Honorary Magistrates in Service, […]