Dr. Gazeas represents FDP Members of Parliament and former FDP Ministers in Constitutional Complaint proceedings against the State Trojan
Dr. Gazeas represents the FDP politicians who filed a constitutional complaint with the Federal Constitutional Court against the provisions of the Code of Criminal Procedure on online searches and source telecommunications surveillance on August 20, 2018. Among them are Christian Lindner, leader of the FDP parliamentary group in the German Bundestag, Dr. Marco Buschmann, first parliamentary director of the FDP parliamentary group, eight other members of the Bundestag, Sabine Leutheusser-Schnarrenberger, former Federal Minister of Justice, Gerhart Baum, former Federal Minister of Home Affaits, and Dr. Dr. h.c Burkhard Hirsch, former Vice-President of the Bundestag and former Federal Minister of the Interior in NRW.
With the constitutional complaint drafted by Dr. Gazeas, the complainants attack several provisions in §§ 100b et seq. of the Code of Criminal Procedure as unconstitutional, inter alia, because they violate the principle of proportionality. The Federal Constitutional Court established the legal requirements for the use of States Trojans in 2008 in a landmark decision and only permitted it under strict conditions. The legislator did not fully observe these requirements.
Dr. Gazeas previously examined the question of the unconstitutionality of the regulations on criminal procedural online searches and source telecommunications surveillance in a 148-page expert opinion commissioned by the FDP parliamentary group.
The constitutional complaint was presented on 20th August 2018 at the Federal Press Conference in Berlin by Dr. Marco Buschmann, Stephan Thomae, Sabine Leutheusser-Schnarrenberger, Gerhart Baum, Dr. Dr. h.c. Burkhard Hirsch and Dr. Nikolaos Gazeas.