European directives and regulations not only govern economic transactions, they are also implemented in German criminal law and administrative offences. In foreign trade law, sanctions law and environmental criminal law, for example, German ancillary criminal law increasingly contains referral provisions that attach heavy fines and penalties to violations of EU regulations. Some of the chains of reference are so complicated that their compatibility with the constitutional requirement of specificity is questionable (see, for example, the decision of the Federal Constitutional Court on the Beef Labelling Act: decision of 21 September 2016, ref. 2 BvL 1/15).
Specialist knowledge of European law is essential in these areas. In addition, EU criminal law is also playing an increasingly important role in extradition law and mutual legal assistance. Furthermore, separate prosecution and investigation bodies have been established for certain Europe-specific crimes, such as the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF) in Brussels. In recent years, however, directives have also been adopted to strengthen defence rights. With the adoption of the European Charter of Fundamental Rights, its recognition by the Federal Constitutional Court in extradition decisions (see, most recently, BVerfG, granting chamber decision of 18 August 2021 – 2 BvR 908/21), and the recognition of the European Convention on Human Rights in Article 6(3) of the EU Treaty, fundamental rights at EU level and the case law of the European Court of Human Rights in Strasbourg have gained further importance, including in the case law of the Court of Justice of the European Union in Luxembourg.
Our team includes expert advisors who are familiar with the specifics of EU law and case law in Luxembourg and Strasbourg. We help you comply with the complex requirements of Europeanised criminal law and exercise your right to an effective defence across borders, taking into account the specifics of European law.
