Jump to ContentJump to Main Navigation
The European Court of Human RightsImplementing Strasbourg's Judgments on Domestic Policy$
Users without a subscription are not able to see the full content.

Dia Anagnostou

Print publication date: 2013

Print ISBN-13: 9780748670574

Published to Edinburgh Scholarship Online: January 2014

DOI: 10.3366/edinburgh/9780748670574.001.0001

Show Summary Details

The Interrelationship Between Domestic Judicial Mechanisms and the Strasbourg Court Rulings in Germany

The Interrelationship Between Domestic Judicial Mechanisms and the Strasbourg Court Rulings in Germany

Chapter:
(p.27) Chapter 1 The Interrelationship Between Domestic Judicial Mechanisms and the Strasbourg Court Rulings in Germany
Source:
The European Court of Human Rights
Author(s):

Sebastian Müller

Christoph Gusy

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748670574.003.0002

Focusing on Germany, this chapter explores the national system of rights review and the constellation of the domestic structures and actors involved in the implementation of the ECtHR's judgments. These encompass government, administrative, judicial and legislative actors both at the state and the federal level, along with the involvement of a variety of non-governmental actors without a designated role in implementation. The small number of adverse judgments issued by the ECtHR against Germany cannot be understood independently from the highly developed and effective system of rights review domestically, dominated by the Basic Law and the Federal Constitutional Court. It is also linked to an apparently preventive approach often adopted by state authorities: the review of draft legislation for compatibility with the Convention and the consideration of the ECtHR's case law issued also against other countries. Nonetheless, the domestic implementation of the ECtHR's judgments is sometimes controversial and conflict-ridden process, as a result of factors that are explored in this chapter.

Keywords:   German Basic Law, Acceleration procedure, Immigrants, Family law, Expulsion

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.