Journal of Siberian Federal University. Humanities & Social Sciences: Implementing ECtHR Judgments in So-Called “Multipolar Fundamental Rights Situations”

Journal of Siberian Federal University. Humanities & Social Sciences / Implementing ECtHR Judgments in So-Called “Multipolar Fundamental Rights Situations”

Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (6)
Authors: Breuer, Marten
Contact information: Breuer, Marten: University of Konstanz 10 Universitätsstraße, Konstanz, 78457, Germany;
Keywords: multipolar fundamental rights situation; positive obligations; level of fundamental rights protection; Görgülü decision; von Hannover case
Abstract: The implementation of ECtHR judgments may be particularly difficult in cases where the concerns of two or more private litigants must be weighed against each other. The Strasbourg proceedings are unilateral in that only one of them (the party having lost the case at the national level) will be directly represented. If the ECtHR finds in favour of this party, implementing the judgment might raise fundamental rights concerns of the party previously having won the case before German courts. The article analyses the approach taken by the German Federal Constitutional Court, in particular in its famous Görgülü decision. It also evaluates the relevance of the “multipolar fundamental rights” argument in the jurisprudence of German courts
Pages: 851-858
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/33309