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A Europe of RightsThe Impact of the ECHR on National Legal Systems$
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Helen Keller and Alec Stone Sweet

Print publication date: 2008

Print ISBN-13: 9780199535262

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199535262.001.0001

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The Reception Process in France and Germany

The Reception Process in France and Germany

Chapter:
(p.107) 3 The Reception Process in France and Germany
Source:
A Europe of Rights
Author(s):

Elisabeth Lambert Abdelgawad

Anne Weber

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199535262.003.0003

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.

Keywords:   European Convention on Human Rights, incorporation, courts

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