Germany’s BND Act & recent CJEU case law
German lawmakers are currently reviewing the legal framework of the country’s foreign intelligence service (BND Act), in response to numerous deficits the German Constitutional Court found with the current law. While amending the draft bill, greater attention ought to be paid to recent case law from the Court of Justice of the European Union (CJEU). More specifically, the remit of the new oversight body, the Independent Oversight Council (UKR), may not satisfy the CJEU’s criteria for effective review. Beyond legality tests, the UKR should also be empowered to conduct its own assessment as to whether or not a threat justifying bulk surveillance exists.