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Hastings International and Comparative Law Review

Abstract

The Lauschangriff is legislation formed by the German government that would allow German police to perform electronic surveillance on private homes. This legislation was formed to combat increased organized crime in Germany. The proposal of the Lauschangriff has caused a fierce debate. One side argues that the Lauschangriff is the only way to control organized crime, while the other protests the trampling of civil liberties.

This Article examines the general controversy surrounding the Lauschangriff and proposes ways of improving the result reached by Germany's parliament. The Article examines the causes and effects of organized crime in Germany as well as the system of basic rights in German constitutional law. The deficiency in the law prior to the enactment of the Lauschangriff and the various constitutional issues surrounding the Lauschangriff are also discussed. The Article briefly examines potential obstacles to the effectiveness of the Lauschangriff, and suggests ways in which Germany can afford greater protection to civil liberties while at the same time effectively fighting organized crime.

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