European directives and regulations not only determine economic transactions, they are also transposed into German penal norms and administrative fines. In foreign trade law, in sanctions law and in environmental Criminal Law, for example, there are increasingly reference norms in German Criminal Law that attach high fines and penalties to the violation of EU regulations. The chains of reference are sometimes so complicated that their compatibility with the constitutional requirement of certainty is questionable (cf. for example the decision of the Federal Constitutional Court on the German “Beef Labelling Act”: decision of 21.9.2016, ref. 2 BvL 1/15).
Specialised knowledge of European law is indispensable in these areas. In addition, EU Criminal Law also plays an increasing role in extradition law and mutual legal assistance. In addition, separate prosecution and investigation bodies have been set up for certain European-specific offences, such as the European Public Prosecutor’s Office (EPPO) or the anti-fraud office OLAF in Brussels. In recent years, however, directives have also been adopted to strengthen the rights of the defence. With the adoption of the European Charter of Fundamental Rights, its recognition by the Federal Constitutional Court in extradition decisions (cf. most recently, for example, BVerfG, 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.
In our team you will find competent advisors who are familiar with the specifics of EU law and the case law in Luxembourg and Strasbourg. We will help you to comply with the complex requirements of Europeanised Criminal Law and to exercise your right to an effective defence, also across borders, taking into account the particularities of European law.