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> result of the law being found unconstitutional To explain: this means in many cases the Federal Court of Justice is the last court to which can be appealed.
by _nalply 9y ago
> result of the law being found unconstitutional
To explain: this means in many cases the Federal Court of Justice is the last court to which can be appealed. Axel Springer has already declared that they will try to appeal, but this will be difficult. To appeal they have to show that their constitutional rights might have been violated.
Another note: Then there is the European Court of Human Rights in Strasbourg. In exceptional cases this court can be appealed to, for example if a national court's decision has violated a human right. Germany has ratified the European Human Rights and declared that they accept rulings of the European Court of Human Rights. However it is extremely dubious that a company could ever appeal to this court.
(A side note to give an example what this Court decides: A Swiss case has been ruled: A Filipina mother with children in Switzerland divorced from her Swiss father tried to enter Switzerland. The denial was deemed to violate the human right to have a family and Switzerland was ordered to let the woman enter the country.)
- SiempreViernes 9y agoI guess you mean in exceptional cases you can successfully appeal to to the ECHR, or is there some special rules that mean Germans have particularly restricted appeal rights to the ECHR?
- guitarbill 9y agoAxel Springer is a company, not a person or persons. Companies don't have human rights, so they obviously cannot appeal to the ECHR. As for exceptional cases, I think the gist is any case that can involve human rights violations is exceptional, as the majority of cases don't even get into the territory of potentially violating the European Convention on Human Rights.
- _nalply 9y agoIt's a bit complicated. In civil law jurisdictions a company can be a «person». As such the company can file complaints or be accused of something. The law defines whether an organisation can be viewed as a person. For example in Switzerland associations are legal persons as long as their organs are operative. Organs of a legal person are for example the board, the general assembly and others. This means, a company can suffer from a violation of protected rights. An example is the right for information (a form of free speech). Whether the ECHR would ever accept or has already accepted a complaint from a company I don't know. After all companies aren't really humans.
- guitarbill 9y agoActually, turns out I'm wrong. Funnily enough, Axel Springer AG has previously sued the German government before the EHCR and won: https://hudoc.echr.coe.int/eng#{%22dmdocnumber%22:[%22900156%22],%22itemid%22:[%22001-109034%22] https://hudoc.echr.coe.int/eng#{%22dmdocnumber%22:[%22900156...} Who knew!