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Sweden: Former Ambassador Charged with “Arbitrariness During Negotiations with a Foreign Power”

(Dec. 27, 2019) On December 9, 2019, the Swedish prosecutor charged former ambassador to China, Anna Lindstedt, with “arbitrariness during negotiations with a foreign power” (egenmäktighet vid förhandling med främmande makt), for conducting secret negotiations, without prior authorization from the Swedish Foreign Ministry, with parties that represented the Chinese government’s interest in relation to the […]

Germany: Federal Court of Justice Rules on Legal Tech

(Dec. 23, 2019) On November 27, 2019, the German Federal Court of Justice (Bundesgerichtshof, BGH), Germany’s supreme court for civil and criminal cases, held that the services provided by the company Lexfox, which is registered as a legal services provider for collection services, did not violate the German Legal Services Act. The decision was highly […]

Mexico: Supreme Court Declares Automatic Child Custody Provision Unconstitutional

(Dec. 18, 2019) On November 21, 2019, the First Chamber of the Supreme Court of Mexico declared unconstitutional a controversial provision of the Civil Code of Mexico City that gives mothers automatic preferential provisional custody of their children under 12 years of age in divorce proceedings. The Court determined that article 282(B)(II), third paragraph of […]

Germany: Court Obligates Government to Repatriate ISIS Member and Children to Germany

(Dec. 17, 2019) On November 6, 2019, the Higher Administrative Court of Berlin-Brandenburg (OVG Berlin-Brandenburg) held that the German government must repatriate a German citizen who, in 2014, traveled from Germany to the territory held by the Islamic State (ISIS) in Syria, together with her three minor children. Facts of the Case In 2014, the […]

France: Council of State Rules a Law May Prohibit Something Without Providing a Criminal Sanction

(Dec. 16, 2019) The Conseil d’Etat (Council of State), France’s highest jurisdiction for matters of administrative law, ruled on October 24, 2019, that a law may prohibit a behavior without providing the particular remedy of a penal sanction. At the center of this case is a 2005 law, Loi n° 2005-158 du 23 février 2005 […]

Germany: Constitutional Court Rules Rent Control Law Constitutional

(Dec. 5, 2019) In an order published on August 20, 2019, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) declined to hear three cases that challenged the constitutionality of the federal rent control provisions. It stated that the rent control provisions do not violate the guarantee of private property, freedom of contract, or the general guarantee […]

Israel: Supreme Court Approves Deportation of Human Rights Watch Representative for BDS Support

(Dec. 5, 2019) On November 5, 2019, Israel’s Supreme Court rejected an appeal against an administrative court judgment approving the minister of interior’s decision not to renew the employment visa of the second appellant, Omar Shakir. The majority opinion was written by Justice Neal Hendel, with justices Noam Solberg and Yael Willner concurring. (AdminA 2966/19 […]