All Research Projects

300 Results
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  1. Public Law, Dissertation, Ongoing, Challenges: Fundamental Rights, Rule of Law, Democracy

    The Leg­al Frame­work of Se­cur­ity Agen­cies Fore­cast­ing Based on the Use of Risk As­sess­ment In­stru­ments

    Project Lead: Maja Werner

    Risk assessment instruments provide a promising but controversial forecasting approach for security agencies. This doctoral project aims to structure the legal framework of their use in counterterrorism and counterextremism. A comprehensive analytical framework will be developed by examining which types of instruments are compatible with the rule of law and fundamental rights, and their lawful co…

  2. Public Law, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    ZuRecht

    Project Lead: Prof. Dr. Ralf Poscher Ralf Poscher, Sabrina Ellebrecht (Centre for Security and Society), Prof. Dr. Stefan Jarolimek (Deutsche Hochschule der Polizei), Prof. Dr. Stefan Kaufmann (Universität Freiburg)

    Considering Germany’s diversifying society, the question arises whether its police forces can contribute to an open and plural society and how they should be organized. This joint research project involves three leading public security institutions: the Centre for Security and Society at the University of Freiburg; the Deutsche Hochschule der Polizei; and the Department of Public Law at the Max P…

  3. Public Law, Dissertation, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    The Depriva­tion of Na­tion­al­ity in the Fight Against Ter­ror­ism

    Project Lead: Samuel Hartwig

    The last few years have seen a disquieting new trend emerge in global Islamist terrorism. The primary threat to Western societies used to be posed by terrorists entering Western countries from abroad. But nowadays citizens of Western countries also travel in the opposite direction to participate in terrorist campaigns in foreign countries. This internationalization of terrorism creates new threat…

  4. Public Law, Dissertation, Ongoing, Fundamentals: Theoretical Foundations and Doctrinal Structures

    Leg­al Her­men­eut­ics and Metaethics

    Project Lead: Rafael Giorgio Dalla Barba

    This interdisciplinary thesis in legal philosophy examines the relevance and impact of metaethics on legal indeterminacy. Conventionally, the process of adjudication relies on hermeneutical methods of legal interpretation and construction to cope with indeterminacies (ie ‘hard cases’, situations where proper application of legal materials is highly contestable). Two competing adjudicatory theorie…

  5. Public Law, Dissertation, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    The Leg­al As­sess­ment of Cy­ber At­tacks on the Fed­er­al Re­pub­lic of Ger­many with Spe­cial Re­gard to Hack-Back as a De­fence Meas­ure

    Project Lead: Philipp Johner (Centre for Se­cur­ity and So­ci­ety)

    Cyber attacks on government institutions and information technology systems occur regularly, representing a substantial security threat to Germany and its economic and political interests. Besides passive defence measures, the so-called ‘hack back’ can be considered an active defence measure. Here, the attacked party launches a cyber counter-attack to dissuade the attacker from their original aim…

  6. Public Law, Dissertation, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    Lan­guage Ob­lig­a­tions of the Po­lice

    Project Lead: Sarah Praunsmändel (Centre for Security and Society)

    In the quest for public security, communication is the most important operational resource used by police. When German police act in a preventive capacity, officers generally speak German while performing their duties. To overcome language barriers, the police may deviate from German, but there is no clear obligation to communicate in other languages. Contrary to this monolingualism, a duty to pr…

  7. Public Law, Dissertation, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    Le­git­im­a­tion and Rep­res­ent­a­tion: An Ana­lys­is of Poli­cing ‘Aptitude’ in Ger­man Civil Ser­vice Law

    Project Lead: Laura Wisser (Centre for Security and Society)

    People with migrant backgrounds are strongly underrepresented in German policing. This fact is legally problematic for multiple reasons. First, due to violations of equality principles guaranteed in Art. 3 and Art. 33 II of the German Constitution. On an individual level, structures that discourage migrant peoples from successfully applying or completing their education would be highly questionab…

  8. Public Law, Dissertation, Ongoing, Challenges: Fundamental Rights, Rule of Law, Democracy

    Re­ima­gin­ing Coun­terter­ror­ism and In­ter­na­tion­al Law Norms in the Pub­lic Se­cur­ity Law Sphere

    Project Lead: Martha Basazienw Kassa

    Terrorism has destabilized governments; jeopardized international peace and security; threatened social and economic development; caused mass displacement; violated human rights; and eroded principles of democracy and good governance. Regrettably, the same can be said of some counterterrorism measures of the last twenty years. The seemingly endless war against an ever present ‘existential threat’…

  9. Public Law, Dissertation, Ongoing, Challenges: Fundamental Rights, Rule of Law, Democracy

    Iden­tity Con­trols at ‘Dan­ger­ous Places’

    Project Lead: Antonia Strecke

    In German police law security measures usually demand a ‘concrete danger’. This threshold is fundamental for the rule of law. Since the 1970s, however, the police are entitled to undertake precautionary measures irrespective of a concrete danger. One of these new authorities is the entitlement to verify someone’s identity at ‘dangerous places’ even though the individual person has done nothing to…

  10. Public Law, Ongoing, Challenges: Fundamental Rights, Rule of Law, Democracy

    Hand­book of Con­sti­tu­tion­al Law

    Project Lead: Prof. Dr. Ralf Poscher, Prof. Dr. Matthias Herdegen, Prof. Dr. Johannes Masing, Prof. Dr. Klaus Ferdinand Gärditz

    The Handbook of Constitutional Law is co-authored by 24 German professors, and supported by 15 international academics from Europe, North America, Africa, and Asia. Edited by Professors Herdegen, Masing, Poscher, and Gärditz, the Handbook’s main purpose is to foster transnational constitutional dialogue. It will appear in a German and English version and thus be the first comprehensive academic p…

  11. Public Law, Ongoing, Challenges: Fundamental Rights, Rule of Law, Democracy

    Demo­cracy and State Secrets

    Project Lead: Randall Stephenson

    This comparative law project examines the impact of the Internet and digital communications on networked accountability mechanisms in contemporary democracies (ie Germany, USA, UK). Concentrating on modern-day intelligence gathering trends, my principal research question is whether mass ‘full-take’ information surveillance (and its legal authorisation) is consistent with established principles of…

  12. Public Law, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    Com­par­at­ive European Study on Re­stric­tions and Dis­en­fran­chise­ment of Cer­tain Civil and Polit­ic­al Rights After Con­vic­tion

    Project Lead: Michael Kilchling

    This comparative European study identifies and analyses the rules governing abrogation or temporary restrictions on civil and political rights imposed with criminal penalties. Historically, these restrictions originated with honour-related punishments common in the 18th, 19th and early 20th centuries. By stigmatizing character, they excluded deviant individuals from full social participation. In …

  13. Public Law, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    Mul­timod­al Re­mote De­tec­tion of Hid­den Threats in People Screen­ing (HITD)

    Project Lead: Philipp Johner (Centre for Se­cur­ity and So­ci­ety)

    In recent attacks in Paris and Brussels, terrorists used weapons and explosive vests to kill or injure as many people possible. To effectively foil such attacks, one must identify perpetrators from a distance and stop them before they reach dense crowds. This is not possible using current means. Funded by the German Federal Ministry of Education and Research (BMBF), this project aims to develop a…

  14. Public Law, Dissertation, Ongoing, Fundamentals: Theoretical Foundations and Doctrinal Structures

    A Tale of Two Worlds

    Project Lead: Federico Lorenzo Ramaioli

    This comparative philosophy of law dissertation aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this doctoral project intends to avoid bias caused by universalizing Western categories when analyzing …

  15. Criminology, Research project, Departmental project, Ongoing

    Sex of­fend­ers in the so­cial thera­peut­ic in­sti­tu­tions in the Free State of Sax­ony

    Project Lead: Gunda Woessner

    This project evaluates the treatment of sexual offenders in Saxony’s social therapeutic institutions through an analysis of the causes and rates of criminal relapse amongst sexual offenders, including an assessment of criminogenic factors, therapeutic measures, and the climate in the correctional facilities. Questions are also raised as to whether improvements can be made to current methods of cr…

  16. Criminology, Ongoing

    The Crim­in­al­iz­a­tion of Copy­right Law: A Com­par­at­ive Ana­lys­is of Ger­many and the United States

    Project Lead: Esther Tabitha Earbin

    This doctoral project explores relationships, interests and legitimacy in the culture of criminal lawmaking. The thesis holds that criminal copyright law in the United States gives more weight to private actors and public interests versus a fair balancing of public and private interests in German criminal copyright policy, and while each approach pertains to the political and cultural ideologies …

  17. Public Law, Dissertation, Ongoing, Fundamentals: Theoretical Foundations and Doctrinal Structures

    ‘Gen­er­al Life Risk’ in Ger­man Se­cur­ity Law

    Project Lead: Laura Wallenfels

    To limit the exercise of police powers, German public security law authorizes police to avert so-called dangers. That is, a ‘danger’ is a condition for legitimate use of police power. ‘Danger’ thereby is a term of art. Not all risks are ‘dangers’, and in the common doctrine, there is only a ‘danger’ in the case of a ‘sufficient probability of damage’. This means that probability judgements lie at…

  18. Public Law, Dissertation, Ongoing, Fundamentals: Theoretical Foundations and Doctrinal Structures

    Con­sti­tu­tion­al Re­quire­ments for the Treat­ment of Civil Dis­obedi­ence

    Project Lead: Max Poschmann

    While civil disobedience is widely discussed in political theory, it remains mostly neglected in German legal scholarship. Bridging this gap, this dissertation examines under what conditions, and in what ways, civil disobedience may be constitutionally protected under German law. My primary research question asked whether and how far civil disobedience undermines majority rule and the rule of law…

  19. Public Law, Dissertation, Ongoing, Trends: Internationalization, Digitalization, Fragmentation

    Shifts in In­terests in European Ex­tra­di­tion Law

    Project Lead: Thomas Wahl

    The surrender of criminal suspects who flee to foreign countries has sparked controversy for centuries. Relevant extradition law shows not only criminal law’s territorial limits, but the dissolution of tension between security through effective cross-border enforcement and protecting individual rights. While prosecuting states require assistance from their foreign counterparts as international la…

  20. Public Law, Habilitation, Ongoing, Fundamentals: Theoretical Foundations and Doctrinal Structures

    Per­son­al Risk Pre­ven­tion in Po­lice Law

    Project Lead: Dr. Benjamin Rusteberg

    This project deals with action-oriented measures of personal prevention in police law, which are linked to predictions that a particular person will behave unlawfully in the future. Such measures can be found in almost all areas of the special administrative law, ranging from reliability under commercial law, to the character fitness of a holder of a driving licence, to defence measures again…