
Contents
-
-
-
Introduction Untangling the Domestic Implementation of the European Court of Human Rights' Judgments
-
-
-
The Domestic System of Judicial Review of Human Rights: Court Proceedings and Constitutional Complaints The Domestic System of Judicial Review of Human Rights: Court Proceedings and Constitutional Complaints
-
The Domestic Implementation System of Adverse Strasbourg Court Judgments The Domestic Implementation System of Adverse Strasbourg Court Judgments
-
Complementary Governmental and Non-Governmental Mechanisms to Implement Adverse Judgments Complementary Governmental and Non-Governmental Mechanisms to Implement Adverse Judgments
-
Germany's Judicial System: The Remedy in Respect of Lengthy Court Proceedings Germany's Judicial System: The Remedy in Respect of Lengthy Court Proceedings
-
Conclusion Conclusion
-
Notes Notes
-
-
-
-
-
-
4 European Human Rights Case Law and the Rights of Homosexuals, Foreigners and Immigrants in Austria
-
-
-
-
-
-
-
-
1 The Interrelationship Between Domestic Judicial Mechanisms and the Strasbourg Court Rulings in Germany
Get access-
Published:April 2013
Cite
Abstract
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.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
January 2023 | 1 |
October 2023 | 1 |
August 2024 | 3 |
January 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.