German Basic Rights Refined by the Case Law of the European Court of Human Rights - The development of Privacy and Self-Determination in German Jurisprudence

Abstract

The relationship between the European Constitutional Courts and the Eu ropean Court of Human Rights in the multilevel system of human rights protec tion has been discussed intensively. In fact, the ECtHR has a strong influence on the German Constitutional Court and vice versa the ECtHR has been strongly paid attention to the German jurisprudence. Gradually, a steady cooperation be tween the courts has been developed. The article will explain how German Basic Rights were redefined by the case law of the ECtHR. The development of the right of privacy and the right of self-determination under Article 8 ECHR and the corresponding general right of personality in German law will illustrate the impact of the ECtHR’s jurisprudence in German law. In this respect, the article will discuss the cases Von Hannover v. Germany in order to show privacy pro tection against the media. Then, the case Koch v. Germany will clarify the scope of self-determination regarding the right to die in dignity. Finally, the article will argue that the ECtHR’s case law and the domestic jurisprudence are interwoven in a complex system of human rights protection and that the cooperation of the courts is substantial for an effective protection system of human rights in Europe.