Interview: DW: The opposition parties in the German Bundestag are determined to
question whistleblower Edward Snowden in Germany, something the
government wants to prevent. Now the Greens have announced they are
taking the issue to the Constitutional Court. What would such a lawsuit
look like?
Martin Morlok: The parliamentary committee looking into NSA surveillance practices would have to open what is called a "dispute between bodies of the state" against the federal government with the aim of determining that the government has violated one of the committee's rights. Basically, the government is obliged to do everything in its power to meet the committee's information needs. Usually we face the problem that the committee asks for government files, and the government will say: No, you can't have those, they're confidential.
Or they can't get permission for certain officials to testify. These cases are relatively clear; the investigative committee has strong rights where the government is concerned.
What is the likelihood of a lawsuit succeeding in this case? Is it really conceivable that the Constitutional Court might force the government to summon Snowden?
This case is a bit different. Of course the committee can summon Snowden, but the question is: How will he get here, to Germany? As a US citizen, he doesn't need a visa. But the Americans have an arrest warrant out for Snowden, and since Germany has an extradition agreement with the US, of course he won't come to Germany if he faces extraction to the US.
Read the complete interview at; nMorlok: Information rights conflict with foreign policy considerations | Germany | DW.DE | 10.07.2014
Martin Morlok: The parliamentary committee looking into NSA surveillance practices would have to open what is called a "dispute between bodies of the state" against the federal government with the aim of determining that the government has violated one of the committee's rights. Basically, the government is obliged to do everything in its power to meet the committee's information needs. Usually we face the problem that the committee asks for government files, and the government will say: No, you can't have those, they're confidential.
Or they can't get permission for certain officials to testify. These cases are relatively clear; the investigative committee has strong rights where the government is concerned.
What is the likelihood of a lawsuit succeeding in this case? Is it really conceivable that the Constitutional Court might force the government to summon Snowden?
This case is a bit different. Of course the committee can summon Snowden, but the question is: How will he get here, to Germany? As a US citizen, he doesn't need a visa. But the Americans have an arrest warrant out for Snowden, and since Germany has an extradition agreement with the US, of course he won't come to Germany if he faces extraction to the US.
Read the complete interview at; nMorlok: Information rights conflict with foreign policy considerations | Germany | DW.DE | 10.07.2014
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