Law

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.

Self-defence is directed against the attacker - but what applies when defensive action simultaneously affects legal interests of the public at large? Philipp Alexander Burek explores a largely neglected borderline area of criminal law scholarship and recalibrates the law of self-defence where criminal offences protect multiple legal interests.

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.