Law

Benedikt Linder's study fills a research gap on minimum penalties, a topic rarely explored despite a high legislative interest. It examines their legal, constitutional, and practical implications, showing through empirical data that excessive minimum penalties are rarely applied and usually avoided in practice. The work outlines the various problems caused by this phenomenon and suggests possible solutions.

Fundamental rights in the classical sense are based on a principle of primacy. At least in an overall view of holders and addressees of fundamental rights, human beings must enjoy a higher level of protection than the state. In no case do fundamental rights protect the state against its citizens.

Anyone who deceives in order to avert state sanction claims does not commit fraud. Lucas Walker examines the transfer of this idea to billing in statutory medical care and argues that avoiding exclusions from remuneration under social law should not in every case be classified as billing fraud.

To enable banking supervision to operate effectively, it must - similar to central banks - be shielded from undue influences by politics and the banking sector. At the same time, action within the scope of its mandate must be ensured. Christopher Finck examines the relation between independence and democratic accountability in banking supervision.