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.
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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.
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1 ECJ, Case C-6/64, Costa/E.N.E.L., [1964], I-00585, point 3.

TABLE OF CONTENT

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

VI. Conclusions & recommendations

Bibliography

List of Courts’ Decisions

List of abbreviations

• 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