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nkmnzlast Friday at 8:12 PM3 repliesview on HN

There is no such thing as "no judicial oversight" in Germany.


Replies

riedellast Friday at 8:54 PM

Judicial oversight took a while in Germany, but it is there now (but I guess you will always find an incompetent judge if you really want). I wonder if cloudflare would implement the German blocklist now that we have judicial oversight. Currently it is as nice registry for pirating sites for anyone using 1.1.1.1 [1]

[1] https://cuiiliste.de/domains

ceejayozlast Friday at 8:47 PM

That overstates things somewhat.

https://tile.loc.gov/storage-services/service/ll/llglrd/2019...

> To some extent, judges are subordinated to a cabinet minister, and in most instances this is a minister of justice of either the federation or of one of the states. In Germany, the administration of justice, including the personnel matters of judges, is viewed as a function of the executive branch of government, even though it is carried out at the court level by the president of a court, and for the lower courts, there is an intermediate level of supervision through the president of a higher court. Ultimately, a cabinet minister is the top of this administrative structure. The supervision of judges includes appointment, promotion and discipline. Despite this involvement of the executive branch in the administration of justice, it appears that the independence of the German judiciary in making decisions from the bench is guaranteed through constitutional principles, statutory remedies, and institutional traditions that have been observed in the past fifty years. At times, however, the tensions inherent in this organizational framework become noticeable and allegations of undue executive influence are made.

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j-kriegerlast Friday at 9:24 PM

The CUII does not need a verdict to enact censorship. Make of that what you will.

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