Zbornik Radova Pravnog Fakulteta u Splitu (Jan 2009)
Protection of fundamental and human rights before courts: constitutional courts in germany and croatia, european court of justice and european court of human rights
Abstract
The article analyses the signification of multiple human rights protection by the German and the Croatian Constitutional Courts, the European Court of Justice and the European Court of Human Rights. Based on the differing functions and self-conceptions of these courts it argues the profit of the simultaneous human rights protection is mutual substitution, supplementation and informal correction of the courts. While the European Court of Human Rights has a leading function in protecting the classical human rights, the focal point of the European Court of Justice are the basic economic rights. National Constitutional Courts complete human rights protection and come to the fore in social and cultural aspects. Thus this plurality of human rights courts provides for enhanced acceptance, effectiveness and uniformity of human rights protection in Europe. Many arguments in this article are confirmed by the decision of the German Constitutional Court of June 30, 2009 (2 BvE 2/06) concerning the treaty of Lissabon.
