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Case Law Of The ECJ

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Chapter Summary

This chapter provides an in-depth analysis of the case law of the European Court of Justice (ECJ). In contrast to the European Court of Human Rights (ECtHR) and the German Federal Constitutional Court (GFCC), the ECJ generally applies the proportionality principle as an independent principle, i. e. it is not completely incorporated in the fundamental rights appraisal, but serves as a separate test for the lawfulness of Community acts. The Court does not consider the legitimate aim test to be an integral part of the proportionality principle. But suitability, or appropriateness, is a part of this principle. In contrast to suitability, the necessity requirement is not always examined by the Court. The chapter deals with the role of facts in proceedings before the ECJ. This involves a brief definition of facts, some general observations about their role, the burden of proof, and, finally, the precautionary principle.

Keywords: European Court of Justice (ECJ); fundamental rights; German Federal Constitutional Court (GFCC); precautionary principle; proportionality principle



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