The Relations between the German Constitutional Court, the Court of Justice of the European Communities and the European Court of Human Rights in light of Human Rights Protection

Way out of the labyrinth

Master's Thesis , 2006 , 59 Pages , Grade: 1

Law - European and International Law, Intellectual Properties

The purpose of this paper is to examine the various interactions among the various courts, the different levels of interaction and the implications to the individual.
[...]
The modern system or systems of protection of human rights in Europe have been developing together with, as well as within the processes of European integration. These processes started on an intergovernmental level, by the founding of the Council of Europe in 1949, after the end of the Second World War, with the main intention to prevent future devastations and severe violations of human rights in Europe. In 1950 the Member States of the Council of Europe committed to respecting the rights and values expressed in the European Convention on Human Rights (in further text ECHR). The implementation and continuous respect of the ECHR is monitored by the European Court of Human Rights (in further text ECourtHR), according to the criteria set forth by international law. Parallel to that process, another one, mainly in the field of economic integration, was marked by the establishment of the European Coal and Steel Community in 1952, the European Atomic Energy Community and the European Economic Community in 1957 (in further text the European Community/Communities or EC). By “limitation of sovereignty or a transfer of powers from the states to the community”, a new “legal system” was created, which “by contrast with ordinary international treaties (…) on the entry into force of the treaty, became an integral part of the legal systems of the member states”1. Thus, in the frameworks of its role as gatekeeper of Community law, the European Court of Justice (in further text ECJ) confirmed the creation of a new sui generis organization.
[...]
1 ECJ, Case C-6/64, Costa/E.N.E.L., [1964], I-00585, point 3.

Inhaltsverzeichnis (Table of Contents)

• I. Introduction
• II. The relations - BVerfG & ECourtHR
• 1. The nature of the ECHR in the constitutional system
• 2. The effect of the ECourtHR judgments
• 3. ECHR as the lowest common denominator
• 4. Duty to comply
• III. The relations - BVerfG & ECJ
• 1. Supremacy of ECJ ruling in protection of fundamental rights
• 2. Relativized supremacy in ruling on competence
• 3. Relations of cooperation
• 3. "Maastricht” reservations still applicable
• 4. Supremacy of ECJ, also for fundamental rights, as long as it stays within its competences?
• IV. ECJ
• 1. Human rights in the ECJ jurisprudence
• 2. ECJ-ECourtHR relations (ECHR in the ECJ jurisprudence)
• 3. Effective protection of individuals in front of ECJ
• 3.1. Locus standi of individuals
• 3.2. Preliminary rulings – cooperation with national courts
• 3.3. Instruments for the individual
• 4. Turning to ECourtHR
• V. ECourtHR
• 1. ECourtHR confronted with EC law
• 1.1. The first case
• 1.2. Developing the \"M&Co.\" doctrine - equivalent protection
• 1.3. \"Cantoni\"
• 1.4. “Matthews”
• 1.5. \"Waite and Kennedy” & “Beer and Regan”
• 1.6. \"Posti and Rahko\"
• 1.7. \"Senator Lines”
• 2. The Bosphorus case
• 2.1. Considerations of the case
• 2.2. Revision of the \"M&Co.\" doctrine on a particular case
• 2.3. Concurring opinion – stronger critique

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This paper examines the relationship between the Federal Constitutional Court of Germany (BVerfG), the Court of Justice of the European Communities (ECJ), and the European Court of Human Rights (ECourtHR) in light of the protection of human rights across Europe. It explores the intricate interactions and potential conflicts arising from the overlapping jurisdictions and responsibilities of these courts, focusing on how these institutions work together to guarantee fundamental rights while respecting each other's independence.

• The interplay between national and supranational legal orders in the context of human rights protection
• The role of the ECJ and ECourtHR in upholding fundamental rights within the European Union
• The evolving relationship between the ECJ and ECourtHR, including the development of doctrines and legal principles
• The impact of the ECJ's jurisprudence on the ECourtHR's interpretation of the European Convention on Human Rights
• The challenges and opportunities of ensuring consistent and effective human rights protection across Europe

Zusammenfassung der Kapitel (Chapter Summaries)

• I. Introduction: This introductory chapter sets the stage by tracing the historical development of human rights protection in Europe. It highlights the emergence of both the Council of Europe and the European Communities, emphasizing the evolution of overlapping legal systems and the challenges posed by their interaction.
• II. The relations - BVerfG & ECourtHR: This section examines the intricate relationship between the German Federal Constitutional Court (BVerfG) and the European Court of Human Rights (ECourtHR). It delves into the nature of the European Convention on Human Rights within the German constitutional system, exploring the impact of ECourtHR judgments and the concept of the ECHR as a "lowest common denominator" for human rights in Europe.
• III. The relations - BVerfG & ECJ: This chapter explores the complex interplay between the BVerfG and the European Court of Justice (ECJ). It focuses on the supremacy of ECJ rulings in the protection of fundamental rights, analyzing the concept of "relativized supremacy" in rulings on competence and the evolving relationship of cooperation between the two courts.
• IV. ECJ: This section offers a comprehensive overview of the European Court of Justice (ECJ) and its role in upholding human rights within the European Union. It examines how the ECJ incorporates human rights into its jurisprudence, analyzes the relationship between the ECJ and the ECourtHR, and explores mechanisms for ensuring effective individual protection through the ECJ's procedures.
• V. ECourtHR: This chapter delves into the ECourtHR's experience in navigating the complexities of European Union law. It analyzes the evolution of the "M&Co." doctrine (equivalent protection) and its application in various cases. The chapter then focuses on the landmark "Bosphorus" case, examining its implications for the interpretation of the ECourtHR's "M&Co." doctrine.

Schlüsselwörter (Keywords)

This work centers around the intersection of human rights protection, European integration, and the interconnectedness of national and supranational legal systems. Key terms and concepts include the European Convention on Human Rights (ECHR), the European Court of Human Rights (ECourtHR), the European Court of Justice (ECJ), the Federal Constitutional Court of Germany (BVerfG), the "M&Co." doctrine, equivalent protection, supranational law, fundamental rights, and the balance between national sovereignty and European integration.

• College: University of Hamburg (Europa Kolleg Hamburg)
• Grade: 1
• Author: Marija Stambolieva (Author)
• Publication Year: 2006
• Pages: 59
• Catalog Number: V200735
• ISBN (eBook): 9783656268727
• ISBN (Book): 9783656269762
• Language: English
• Tags: relations, german, constitutional, court, justice, european, communities, human, rights, protection