3 ms·

Has anyone more information on the german secret court referenced in the article? As a german this is my first time hearing about that.

by sergj 10y ago

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mtmail 10y ago
It's said to be a new control/review committee, probably without the rule to be transparent, and hasn't been created yet. As the article says it's already deemed unconstitutional before it even started. German source: "Die Kontrolle soll stattdessen nur noch nachlaufend durch ein neues Spezialgremium erfolgen." https://www.heise.de/newsticker/meldung/NSA-Skandal-und-BND-Ueberwachung-Internet-Knoten-De-CIX-klagt-gegen-die-Bundesrepublik-3325186.html https://www.heise.de/newsticker/meldung/NSA-Skandal-und-BND-... Update: the existing control committees for G10 (article 10 of Grundgesetz = German constitution) are staffed with members of the parliament and one has to be lawyer. I don't think that makes it a court, maybe it's just a matter of translation. German source on G10 committees https://de.wikipedia.org/wiki/Artikel_10-Gesetz#Verfahren https://de.wikipedia.org/wiki/Artikel_10-Gesetz#Verfahren
- dogma1138 10y ago
  If the committee performs a judicial review which in this context I am understanding it does it is technically a "court".
  - pgeorgi 10y ago
    It's not a judicial review, the PKG (parliamentary control committee) and the G10 Kommittee, which is a subset of the PKG, both consist of members of Parliament, and they do the same work (keeping an eye on the executive branch's work) - just for efforts whose information is considered too sensitive for wider distribution.
    - dogma1138 10y ago
      My german is a bit rusty but doesn't "gerichtlicher prüfung" translates into "court examination" or more precisely "judicial review"?
      - germanier 10y ago
        The Wikipedia article states (correctly) that there is no judicial review in the usual case. The parliamentary committee does not perform that.
      - pgeorgi 10y ago
        "Die anstelle gerichtlicher Prüfung des Sachverhalts vorgesehenen politischen Kontrollgremien haben sich in der Vergangenheit aber oft als unzulänglich erwiesen:" translates to (while keeping the sentence structure the same as much as possible, even if that sounds a bit off in english): "The, in place of judicial review of the factual matter, arranged political control committees have shown in the past to often be insufficient:"
    - deleted 10y ago
      [deleted]
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Has anyone more information on the german secret court referenced in the article? As a german this is my first time hearing about that.

by sergj 10y ago

Has anyone more information on the german secret court referenced in the article? As a german this is my first time hearing about that.

deleted 10y ago

[deleted]

mtmail 10y ago

It's said to be a new control/review committee, probably without the rule to be transparent, and hasn't been created yet. As the article says it's already deemed unconstitutional before it even started. German source: "Die Kontrolle soll stattdessen nur noch nachlaufend durch ein neues Spezialgremium erfolgen." https://www.heise.de/newsticker/meldung/NSA-Skandal-und-BND-Ueberwachung-Internet-Knoten-De-CIX-klagt-gegen-die-Bundesrepublik-3325186.html https://www.heise.de/newsticker/meldung/NSA-Skandal-und-BND-... Update: the existing control committees for G10 (article 10 of Grundgesetz = German constitution) are staffed with members of the parliament and one has to be lawyer. I don't think that makes it a court, maybe it's just a matter of translation. German source on G10 committees https://de.wikipedia.org/wiki/Artikel_10-Gesetz#Verfahren https://de.wikipedia.org/wiki/Artikel_10-Gesetz#Verfahren

dogma1138 10y ago
If the committee performs a judicial review which in this context I am understanding it does it is technically a "court".
- pgeorgi 10y ago
  It's not a judicial review, the PKG (parliamentary control committee) and the G10 Kommittee, which is a subset of the PKG, both consist of members of Parliament, and they do the same work (keeping an eye on the executive branch's work) - just for efforts whose information is considered too sensitive for wider distribution.
  - dogma1138 10y ago
    My german is a bit rusty but doesn't "gerichtlicher prüfung" translates into "court examination" or more precisely "judicial review"?
    - germanier 10y ago
      The Wikipedia article states (correctly) that there is no judicial review in the usual case. The parliamentary committee does not perform that.
    - pgeorgi 10y ago
      "Die anstelle gerichtlicher Prüfung des Sachverhalts vorgesehenen politischen Kontrollgremien haben sich in der Vergangenheit aber oft als unzulänglich erwiesen:" translates to (while keeping the sentence structure the same as much as possible, even if that sounds a bit off in english): "The, in place of judicial review of the factual matter, arranged political control committees have shown in the past to often be insufficient:"
  - deleted 10y ago
    [deleted]

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