The Reception Process in France and Germany

Abstract

This chapter discusses the reception of the ECHR in France and Germany. Although both States have been active supporters of human rights and have been close partners in the construction of Europe, their courts were reluctant to refer directly and explicitly to the ECHR. The reception of the ECHR can be characterized as ‘forced’ adaptation, rather than a voluntary process: often, authorities had no choice but to adjust the national legal order to the requirements of the ECHR. In both countries, the relationship between the national courts and the European Court of Human Rights has not always been harmonious, and some tensions remain.

Enacting immigration politics in a juridical register

“…A handful of these cases have resulted in important declarations of principle, while numerous others have quashed immigration-related administrative regulations as ultra vires (Genevois 2009). Some legal commentators suggest that the Conseil d'Etat has been more concerned with raising its own profile and legitimacy in respect to other jurisdictions than in effecting substantive change in immigration policy (Lochak 2009;Abdelgawad and Weber 2008;Lochak 1993).…”