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Melchers & Co. v. Federal Republic of Germany

European Commission of Human Rights.  09 February 1990 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International organizations — Powers — Division of powers between the organization and Member States — European Community — Transfer of powers to the Community from Member States — Whether compatible with the European Convention on Human Rights, 1950 — Judgment of Court of Justice of the European Communities upholding fine imposed by EC Commission for violation of Article 85(1) of EC Treaty — Enforcement in national courts — Whether involving exercise of national jurisdiction within meaning of Article 1 of European Convention on Human Rights — Whether national authorities acting as Community organs when enforcing judgment of Court of Justice — Whether exercise of powers by European Community organs subject to review by the European Commission of Human Rights

Human rights — State responsibility — Decisions taken by international organization — Alleged human rights violation — Whether involving exercise of national jurisdiction within meaning of Article 1 of European Convention on Human Rights, 1950 — Whether transfer of powers to international organization necessarily excluding State responsibility for exercise of those powers — Scope of applicability of Convention guarantees

Human rights — Scope of protection within the European Community — Whether respect for human rights constituting a condition for the lawfulness of Community acts — Significance of the European Convention on Human Rights within the Community legal order — Role of the Court of Justice of the European Communities in safeguarding fundamental rights — Whether Community legal system guaranteeing right to fair hearing — Whether Member States required to examine respect for Article 6 of the European Convention before granting execution of a judgment of the Court of Justice of the European Communities

Treaties — Conclusion and operation — Multilateral treaties — Effect of subsequent treaty on obligations entered into under earlier treaty — Whether Contracting States may be answerable where conclusion of later treaty disables them from performing obligations under earlier treaty

International tribunals — European Commission of Human Rights — Jurisdiction — Proceedings before Commission and Court of Justice of European Communities — Whether European Commission competent to examine compatibility of such proceedings with European Convention on Human Rights — Relevance of fact that European Community is not a party to the European Convention on Human Rights

Type
Case Report
Copyright
© Cambridge University Press 1998

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