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
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
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