Minor Constitutional Flaws in Anti-Terrorist Database (Apr. 25, 2013) by Edith Palmer

On April 24, 2013, the Federal Constitutional Court issued a judgment in which it largely upheld the constitutionality of a German anti-terrorist database, while requiring the ...

Topic: Constitutional law
Jurisdiction: Germany

Constitutional Court Rejects Petition for Declaratory Judgment Brought by the National Democratic Party (Apr. 25, 2013) by Edith Palmer

On February 20,2013, the Federal Constitutional Court rejected a petition of the National Democratic Party of Germany (Nationaldemokratische Partei Deutschlands, NPD) for a declaratory judgment on ...

Topic: Constitutional law
Jurisdiction: Germany

Patients' Rights (Apr. 23, 2013) by Edith Palmer

On February 25, 2013, Germany promulgated an Act Improving the Rights of Patients [hereinafter Patients' Rights Act]. ...

Topic: Health and safety
Jurisdiction: Germany

Referendum on Executive Pay (Mar. 27, 2013) by Edith Palmer

On Sunday, March 3, 2013, the Swiss people voted for a popular initiative to limit executive pay. Voter participation was over 45%, and 68% of those ...

Topic: Corporations
Jurisdiction: Switzerland

East German Stasi Harassment of Emigres Revealed in Files (Mar. 26, 2013) by Edith Palmer

More than 20 years after the fall of the Berlin wall, the wrongdoings of the Staatssicherheitsdienst, the ...

Topic: Human rights
Jurisdiction: Germany

Popular Vote Retains Military Conscription (Feb. 05, 2013) by Edith Palmer

On January 20, 2013, Austrians voted on whether to retain military conscription or establish a paid career army instead. With 59.7% of the voters upholding the ...

Topic: Military
Jurisdiction: Austria

Right-Wing Extremist Database Proposed (Feb. 08, 2012) by Edith Palmer

On January 18, 2012, the Federal Cabinet submitted a draft law to the German Parliament that proposes the creation of a database on right-wing extremists (

Topic: Police
Jurisdiction: Germany

Right to IVF Treatment Not Dependent on Sexual Orientation (Nov. 25, 2011) by Edith Palmer

On October 13, 2011, the Stockholm District Court found that a Swedish Vandaring;rdcentral [public health provider] had discriminated against a homosexual woman who wanted to undergo ...

Topic: Discrimination
Jurisdiction: Sweden

Refusal of Entry into Store Not Discrimination (Nov. 25, 2011) by Edith Palmer

In October 2011, the Swedish Supreme Court decided not to hear a discrimination case on a fur store owner's refusal to admit four Romani customers into ...

Topic: Discrimination
Jurisdiction: Sweden

Supreme Court Rejects State Immunity Claim Against Enforcement Measures (Oct. 19, 2011) by Edith Palmer

In a July 1, 2011, decision, the Swedish Supreme Court rejected a state immunity claim as grounds for refusing the enforcement of an arbitral award. (

Topic: Property
Jurisdiction: Sweden

null (Oct. 19, 2011) by Edith Palmer

In a June 2011 decision, the Swedish Parliamentary Ombudsman sharply criticized the Stockholm Police Department for deporting 26 "beggars" of Romani ethnicity. (Allvarlig kritik mot Polismyndigheten ...

Topic: Immigration
Jurisdiction: Sweden

Supreme Court Defines Swedish Jurisdiction in Child Custody Battles (Oct. 19, 2011) by Edith Palmer

The Swedish Supreme Court, on July 5, 2011, decided that there is no basis for Swedish jurisdiction over a custody battle when the child's "habitual residence" ...

Topic: Family
Jurisdiction: Sweden

Military Conscription (Oct. 05, 2011) by Edith Palmer

On October 3, 2011, the Federal Commission for Childhood and Youth Issues (Eidgenssische Kommission fur Kinder- und Jugendfragen (last visited Oct. 4, 2011)) published a ...

Topic: Military
Jurisdiction: Switzerland

Tax Credit for Dividends (the Meilicke II Decision) (Jul. 18, 2011) by Edith Palmer

On June 30, 2011, the European Court of Justice (ECJ) issued a second preliminary ruling for the German referring court in the Meilicke case (Case ...

Topic: Taxation
Jurisdiction: Germany

Post-Punishment Detention (Jul. 15, 2011) by Edith Palmer

In Germany, dangerous criminals may be kept under detention after they have served their prison sentences, if there is reason to fear that they would commit ...

Topic: Criminal law and procedure
Jurisdiction: Germany

Extradition and Family Unification Rights Balanced (Oct. 28, 2010) by Edith Palmer

On August 24, 2010, the Austrian Supreme Court (Oberster Gerichtshof (OGH)) ruled in favor of extraditing a fugitive to Macedonia by holding that his extradition did ...

Topic: Extradition
Jurisdiction: Austria

Dawes and Young Plan Bonds Paid Off (Oct. 28, 2010) by Edith Palmer

On October 1, 2010, Germany paid off the last residual interest payments of the bond issues through which the Dawes and Young plans were privatized, thereby ...

Topic: Government finance
Jurisdiction: Germany

Fees for Exchange of Tax Information Proposed (Oct. 21, 2010) by Edith Palmer

On October 18, 2010, the Finance Committee of the National Council (Nationalrat), the representative chamber of the Swiss bicameral Parliament, submitted a motion to the Federal ...

Topic: Taxation
Jurisdiction: Switzerland

Decriminalization of Narcotics Consumption Proposed (Oct. 20, 2010) by Edith Palmer

On October, 15, 2010, the Committee for Social Security and Health of the National Council (Nationalrat), the representative chamber of the bicameral Swiss Parliament, resolved to ...

Topic: Narcotics and drug abuse
Jurisdiction: Switzerland

Legal Issues Concerning Islam Discussed at Jurists' Convention (Oct. 18, 2010) by Edith Palmer

The 68th German Convention of Jurists was held in Berlin on September 21 24 (Deutscher Juristentag (Sept. 24, 2010), http://www.djt.de/). One of the ...

Topic: Religion
Jurisdiction: Germany

Genetic Modification and Freedom of Speech (Oct. 18, 2010) by Edith Palmer

On September 8, 2010, the German Federal Constitutional Court (FCC) issued a decision that balanced freedom of speech against commercial interests. The case involved a multinational ...

Topic: Freedom of speech
Jurisdiction: Germany

Solar Energy Encouragements Reduced (Sep. 10, 2010) by Edith Palmer

On August 11, 2010, Germany amended the Renewable Energy Act of 2008 (Erstes Gesetz zur Anderung des Erneuerbare-Energien-Gesetzes, BUNDESGESETZBLATT I at 1170, amending Erneuerbare-Energien-Gesetz, Oct. 25, ...

Topic: Energy
Jurisdiction: Germany

Tax Treatment of European Losses (Sep. 09, 2010) by Edith Palmer

On June 9, 2010, the German Federal Fiscal Court (Bundesfinanzhof) issued two decisions that describe the circumstances under which losses incurred by a permanent establishment in ...

Topic: Taxation
Jurisdiction: Germany

Equal Tax Treatment for Same-Sex Partnerships Required (Sep. 03, 2010) by Edith Palmer

On July 21, 2010, the German Federal Constitutional Court held that the constitutional guarantee of equality requires that the inheritance tax applicable to the survivors of ...

Topic: Taxation
Jurisdiction: Germany

Exchange of Tax Information (Sep. 03, 2010) by Edith Palmer

On September 1, 2010, the Swiss Federal Council (Bundesrat, Federal Cabinet) adopted the Regulation on Administrative Assistance Accorded to Double Taxation Conventions (Amtshilfeverordnung [Administrative Assistance Regulation], ...

Topic: Taxation
Jurisdiction: Switzerland

Court Permits Embryo Screening (Aug. 31, 2010) by Edith Palmer

On July 6, 2010, the German Federal Court of Justice (Bundesgerichtshof) issued a decision that permits pre-implantation testing to screen for serious genetic defects (Docket No. ...

Topic: Health and safety
Jurisdiction: Germany

Federal Procedural Laws Enacted (Aug. 25, 2010) by Edith Palmer

On January 1, 2011, several federal procedural laws will become effective in Switzerland. These will replace the corresponding laws of the 26 cantons as well ...

Topic: Courts
Jurisdiction: Switzerland

Custody for Out-of-Wedlock Children (Aug. 20, 2010) by Edith Palmer

On July 21, 2010, Germany's Federal Constitutional Court (FCC, Bundesverfassungsgericht) issued a decision that strengthened the rights of fathers of out-of-wedlock children (Docket No. 1 BvR ...

Topic: Family
Jurisdiction: Germany

Contributions to European Financial Stability (Jun. 01, 2010) by Edith Palmer

On May 7, 2010, Germany's President signed into law the Act on the Providing of Loan Guarantees to Support the Solvency of the Hellenic Republic Required ...

Topic: Government finance
Jurisdiction: Germany

Court Decision Denies Release of UBS Bank Records to the IRS (Jan. 29, 2010) by Edith Palmer

On January 21, 2010, the Swiss Administrative Court rescinded a decision of the Swiss Federal Tax Administration that would have released Swiss banking records to the ...

Topic: Banks and financial institutions
Jurisdiction: Switzerland

Privacy Rights of Crime Victim Outweigh Freedom of the Press (Jan. 20, 2010) by Edith Palmer

In a recently published decision of September 29, 2009, the Austrian Supreme Court (Oberster Gerichtshof) held that a crime victim's right to privacy disallows the press ...

Topic: Freedom of the press
Jurisdiction: Austria

New Law Encourages Multilingual Culture (Jan. 19, 2010) by Edith Palmer

On January 1, 2010, a new Swiss law went into effect that aims at preserving the multilingual culture of Switzerland. (Bundesgesetz uber die Landessprachen und die ...

Topic: Languages
Jurisdiction: Switzerland

Treaties on Exchange of Tax Information (Jan. 12, 2010) by Edith Palmer

On December 18, 2009, the Federal Council (Bundesrat), the chamber representing the states in the Austrian legislature, approved the resolutions of the National Council (Nationalrat, representative ...

Topic: Taxation
Jurisdiction: Austria

Federal Administrative Court Chastises Financial Markets Authority for Releasing UBS Records to IRS (Jan. 08, 2010) by Edith Palmer

On January 5, 2010, the Federal Administrative Court issued a judgment in which it held that the Swiss Financial Markets Supervisory Authority (Eidgenssische Finanzmarktaufsicht, FINMA)had acted ...

Topic: Banks and financial institutions
Jurisdiction: Switzerland

Exchange of Tax Information (Dec. 04, 2009) by Edith Palmer

On November 11, 2009, the Principality of Liechtenstein announced that the Organisation for Economic Cooperation and Development (OECD) is taking Liechtenstein off the "Grey List" of ...

Topic: Taxation
Jurisdiction: Liechtenstein

Referendum Bans Minarets (Dec. 04, 2009) by Edith Palmer

On November 29, 2009, the Swiss people approved a popular initiative that inserts into the Federal Constitution a new article 72, paragraph 3, that states, "[t]he ...

Topic: Constitutional law
Jurisdiction: Switzerland

Information on Tax Evasion (Dec. 04, 2009) by Edith Palmer

On November 17, 2009, the Swiss Federal Authorities gave a progress report on the processing of U.S. Internal Revenue Service (IRS) requests for information on the ...

Topic: Taxation
Jurisdiction: Switzerland

Restitution of Nazi-Looted Art (Dec. 02, 2009) by Edith Palmer

On November 23, 2009, Austria promulgated the Act Amending the Federal Act Concerning Restitution of Works of Art from Austrian Federal Museums and Collections (BUNDESGESETZBLATT I ...

Topic: Cultural property
Jurisdiction: Austria

Social Security Contributions (Dec. 01, 2009) by Edith Palmer

On November 11, 2009, the German Federal Minister for Labor and Social Issues promulgated the 2010 contribution rate for the statutory old-age pension system. (Bekanntmachung der ...

Topic: Pensions and retirement
Jurisdiction: Germany

Agreement on Exchange of Tax Information (Oct. 06, 2009) by Edith Palmer

On August 11, 2009, Liechtenstein and the United Kingdom signed a Tax Information Exchange Agreement and a Memorandum of Understanding on Cooperation in Tax Matters. The ...

Topic: Taxation
Jurisdiction: Liechtenstein / United Kingdom

Immigration Law Reform Eases Hiring of Highly Qualified Aliens (Apr. 09, 2009) by Edith Palmer

On January 1, 2009, a Worker Migration Control Act (Gesetz zur arbeitsmarktadequaten Steuerung der Zuwanderung Hochqualifizierter und zur Anderung weiterer aufenthaltsrechtlicher Regelungen (Arbeitsmigrationssteuerungsgesetz), Dec. 20, 2008, ...

Topic: Immigration
Jurisdiction: Germany

Census (Apr. 01, 2009) by Edith Palmer

On January 20, 2009, Switzerland promulgated a Census Regulation that became effective on February 1 (Volkszahlungsverordnung, Dec. 19, 2008, Amtliche Sammlung des Bundesrechts 241 (2009), available ...

Topic: Census
Jurisdiction: Switzerland

Child Pornography (Mar. 31, 2009) by Edith Palmer

On February 3, 2009, Switzerland promulgated an amendment to the Constitution that abolishes any statutory limitation of actions for pornographic or sexual offenses committed against prepubescent ...

Topic: Constitutional law
Jurisdiction: Switzerland

Succession of Cabinet Members (Mar. 31, 2009) by Edith Palmer

On January 21, 2009, Switzerland promulgated a Reform Act to the Parliamentary Act (Bundesgesetz uber die Bundesversammlung (Parlamentsgesetz) Anderung, Oct. 3, 2008, Amtliche Sammlung des Bundesrechts ...

Topic: Government organization
Jurisdiction: Switzerland

Inheritance Tax Reform (Mar. 25, 2009) by Edith Palmer

As of January 1, 2009, a reform of inheritance tax legislation in Germany exempts family homes and business enterprises from taxation under certain circumstances (Gesetz zur ...

Topic: Taxation
Jurisdiction: Germany

Constitutional Court Decision on Electronic Voting (Mar. 25, 2009) by Edith Palmer

On March 3, 2009, the Federal Constitutional Court issued a decision that may prevent the use of electronic voting machines in future German elections. (Bundesverfassungsgericht, Docket ...

Topic: Elections
Jurisdiction: Germany

Reformed Law of Private Foundations (Sep. 08, 2008) by Edith Palmer

On August 26, 2008, Liechtenstein promulgated the Act Reforming the Persons and Companies Act, which introduces a new Act on Foundations. The Reform Act (Gesetz uber ...

Topic: Associations
Jurisdiction: Liechtenstein

Act Adopted to Improve Enforcement of Intellectual Property Rights (Sep. 04, 2008) by Edith Palmer

On July 7, 2008, the German legislature adopted the Act on Improving the Enforcement of Intellectual Property Rights (Gesetz, Bundesgesetzblatt (BGBl) 2008 I at 1191), which ...

Topic: Intellectual property
Jurisdiction: Germany

Paternity Testing (Jun. 02, 2008) by Edith Palmer

The Act for the Establishment of Paternity Without a Proceeding to Contest Paternity, enacted on March 28, 2008 (BUNDESGESETZBLATT (BGBL, official law gazette of the Federal ...

Topic: Family
Jurisdiction: Germany

Deportation of Illegal Aliens (May. 02, 2008) by Edith Palmer

On March 15, 2008, the Austrian Constitutional Court held that the deportation of an illegal alien is unconstitutional if it violates the guarantee of the family ...

Topic: Immigration
Jurisdiction: Austria

Biofuel Requirements (May. 02, 2008) by Edith Palmer

On April 4, 2008, Sigmar Gabriel, the Federal Environmental Minister of Germany, withdrew a controversial draft regulation that contained strict sustainability criteria for biofuels and that ...

Topic: Energy
Jurisdiction: Germany

Energy-Using Products (May. 02, 2008) by Edith Palmer

On February 27, 2008, the German Parliament enacted the Act Concerning Energy-Using Products (BUNDESGESETZBLATT I at 258), which transposes into German law the European Union's ...

Topic: Energy
Jurisdiction: Germany

Heavy Vehicle Tax (May. 02, 2008) by Edith Palmer

On March 26, 2008, Switzerland promulgated amendments to the Heavy Vehicle Tax Act that enhance enforcement of the user fees imposed on heavy passenger cars and ...

Topic: Taxation
Jurisdiction: Switzerland

Crime Victim Compensation (Apr. 02, 2008) by Edith Palmer

On April 8, 2008, Switzerland promulgated an Act on Crime Victim Compensation (Opferhilfegesetz, Mar. 23, 2007, AMTLICHE SAMMLUNG (AS) 1607 (2008)) that will become effective on ...

Topic: Criminal law and procedure
Jurisdiction: Switzerland

Environmental Automobile Tax (Apr. 02, 2008) by Edith Palmer

On February 29, 2008, Austria promulgated a law entitled Environmental Act 2007 (BUNDESGESETZBLATT (BGBl) I No. 46/2008). This law makes the tax burden on passenger cars ...

Topic: Environment
Jurisdiction: Austria

Reform of Law on Insurance Contracts (Apr. 02, 2008) by Edith Palmer

A major reform of the German laws governing insurance contracts was enacted on November 23, 2007 (Gesetz zur Reform des Versicherungsvertragsrechts, BUNDESGESETZBLATT I at 2631). It ...

Topic: Consumer protection
Jurisdiction: Germany

Coal Mining Subsidies (Apr. 02, 2008) by Edith Palmer

On December 12, 2007, the President of Germany promulgated the Act to Finance the Termination of Subsidized Coal Mining by 2018 (BUNDESGESETZBLATT I at 3086). The ...

Topic: Energy
Jurisdiction: Germany

Earth Observation Satellites (Mar. 02, 2008) by Edith Palmer

On November 23, 2007, Germany promulgated the Act Protecting Against the Endangerment of German Security Through the Proliferation of High Resolution Aerial Imagery of the Earth ...

Topic: Communications and electronic information
Jurisdiction: Germany

Online Searches of Personal Computers (Mar. 02, 2008) by Edith Palmer

On February 27, 2008, the Federal Constitutional Court of Germany issued a decision on online searches of personal computers by the intelligence agencies (Docket No. 1 ...

Topic: Communications and electronic information
Jurisdiction: Germany

Sustainability Criteria for Biofuels (Mar. 02, 2008) by Edith Palmer

On January 30, 2008, Switzerland promulgated the Act Amending the Mineral Oil Tax Act (Minerallsteuergesetz, Anderung, AMTLICHE SAMMLUNG (AS) 579) and the Act Amending the Mineral ...

Topic: Energy
Jurisdiction: Switzerland

Terrorism Trial (Mar. 02, 2008) by Edith Palmer

On March 3, 2008, the trial of two suspected terrorists began in the Regional Court of Vienna. The accused were spouses who were Austrian citizens of ...

Topic: Terrorism
Jurisdiction: Austria

Unemployment Compensation (Feb. 02, 2008) by Edith Palmer

On December 22, 2007, Germany's legislature enacted the Amending Law to Title 3 of the Social Code (Sechstes Gesetz zur Anderung des Dritten Buches Sozialgesetzbuch, BUNDESGESETZBLATT ...

Topic: Labor
Jurisdiction: Germany

Sentencing (Feb. 02, 2008) by Edith Palmer

On August 23, 2007, the Third Criminal Panel of the German Federal Court of Justice (Bundesgerichtshof) proposed a sentencing decision to the Court's Great Panel for ...

Topic: Criminal law and procedure
Jurisdiction: Germany

Consumer Protection (Feb. 02, 2008) by Edith Palmer

On November 13, 2007, Austria enacted a major reform of its Act Against Unfair Competition (UWG-Novelle 2007, BUNDESGESETZBLATT no. 79/2007), which implements the European Union Directive ...

Topic: Consumer protection
Jurisdiction: Austria

Child Allowance (Feb. 02, 2008) by Edith Palmer

On January 22, 2008, Switzerland promulgated the Federal Act on Family Allowances (AMTLICHE SAMMLUNG 131 (2008)). This law increases the paid allowances for children to a ...

Topic: Family
Jurisdiction: Switzerland

Terrorism (Jan. 02, 2008) by Edith Palmer

On December 5, 2007, the Higher Regional Court (Oberlandesgericht) of Dusseldorf convicted a citizen of Syria and two nationals of Palestine of membership in a terrorist ...

Topic: Terrorism
Jurisdiction: Germany

Federal Archives (Jan. 02, 2008) by Edith Palmer

On December 28, 2007, the Federal Ministry of the Interior of Switzerland re-promulgated a list of federal archival material that is not being made available to ...

Topic: Secrecy
Jurisdiction: Switzerland

Telecommunications Surveillance (Jan. 02, 2008) by Edith Palmer

On December 31, 2007, Germany promulgated the Act Reforming Telecommunications Surveillance and Other Covert Investigative Measures and Transposing Directive 2006/24/EC (Gesetz zur Neuerung der Telekommunikationsuberwachung und ...

Topic: Communications and electronic information
Jurisdiction: Germany

Damages for Pain and Suffering (Jan. 02, 2008) by Edith Palmer

In a decision of September 27, 2007 (Oberster Gerichtshof [Supreme Court], Sept. 27, 2007, docket no. 2 Ob 135/07b, at Bundeskanzleramt Rechtsinformationssystem [BKA/RIS]), the ...

Topic: Civil procedure
Jurisdiction: Austria

Arms Control (Dec. 02, 2007) by Edith Palmer

On November 14, 2007, the Swiss Commerce Department (Eidgensasisches Volkswirtschaftsdepartment, EVD) announced that it suspended an export permit for 21 Swiss-produced anti-aircraft missile systems for Pakistan. ...

Topic: Export controls
Jurisdiction: Switzerland

Forced Marriage (Dec. 02, 2007) by Edith Palmer

The Swiss Federal Council (the executive branch of the Swiss government) communicated to the Swiss parliament its concern over the high incidence of forced marriages among ...

Topic: Family
Jurisdiction: Switzerland

Continuing Detention of Sex Offender (Dec. 02, 2007) by Edith Palmer

On October 19, 2007, the Federal Court of Justice (Bundesgerichtshof) (FCJ) of Germany issued a decision that led to the release of a still dangerous sex ...

Topic: Criminal law and procedure
Jurisdiction: Germany

Undercover Agents and Self-Incrimination (Dec. 02, 2007) by Edith Palmer

On July 26, 2007, the German Federal Court of Justice (Bundesgerichtshof) (FCJ) held that an undercover agent may not persistently urge a suspect to confide in ...

Topic: Criminal law and procedure
Jurisdiction: Germany

Internet Banking (Nov. 02, 2007) by Edith Palmer

On July 5, 2007, the Administrative Court of Frankfurt am Main upheld an administrative decision of the German Banking Supervisory Agency (Bundesanstalt fur Finanzdienst-leistungsaufsicht) that forbade ...

Topic: Banks and financial institutions
Jurisdiction: Germany

Proving Foreign Law (Nov. 02, 2007) by Edith Palmer

In a recent decision, the Austrian Administrative Courts reiterated that the parties in administrative proceedings may have an obligation to prove foreign law, if finding the ...

Topic: Courts
Jurisdiction: Austria

Transposition of EU Directives on Immigration and Asylum (Nov. 02, 2007) by Edith Palmer

On August 19, 2007, the German Parliament enacted the Act to Transpose European Union Directives on Immigration and Asylum (BUNDESGESETZBLATT I at 1970). The Act transposes ...

Topic: Immigration
Jurisdiction: Germany

Flat Rate Tax (Nov. 02, 2007) by Edith Palmer

The Swiss Canton of Obwalden is in the process of introducing a flat rate tax on individual incomes, to be applied for the first time in ...

Topic: Taxation
Jurisdiction: Switzerland