Law

The German law of registry has developed into a substantial pillar of information that today upholds the security of business transactions. Tim Blöcher investigates whether blockchain technology could be successfully used in the flow and administration of information covered by the various registries.

Punishment is seen as being a matter of course. As the saying goes, whoever will not hear must feel. However, the contradiction embodied here is rarely voiced. After all, reacting to experienced suffering with punitive pain shows that the law is still based on a myth today: it believes it can bring vulnerable subjects to their senses through suffering and in this way do justice to the existential plight of the victims. A law that recognizes this contradiction must find other answers.

Since its decision in 2013, the French Cour de cassation has been reviewing the specific proportionality of the application of statutes in individual cases. What is common practice in the German courts has caused a lively debate in French doctrine that continues to this day. This work traces these different developments and elaborates on explanatory approaches.

Codes of conduct are increasingly being used to concretise specific sections of the General Data Protection Regulation. Against the backdrop of the general discussion in administrative law on regulated self-regulation, Tim Templin investigates how Article 40 of the GDPR is being put into practice with codes of conduct that have so far been approved.