European legal protection in criminal law and extradition law
Criminal proceedings do not necessarily end with the final appeal before a German court. Proceedings before European courts are of great importance in criminal law and extradition law. Decisions of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU) can have significant legal implications for defendants in German criminal proceedings as well as for persons threatened with extradition.
National decisions can sometimes be challenged before European courts – even after all national remedies have been exhausted. Those affected often ask: Is an individual complaint to the ECtHR possible? Is a preliminary ruling procedure before the CJEU an option? These procedures are highly formalized, complex, and subject to strict deadlines. Examining and considering the appropriate course of action requires a thorough review and in-depth knowledge of European law and the law of the European Union.
As a law firm specializing in white-collar crime and extradition law, the lawyers at Galen Rechtsanwälte represent clients nationwide in proceedings involving European law. We examine whether there has been a violation of the European Convention on Human Rights (ECHR), the Charter of Fundamental Rights of the European Union, or other EU legal provisions, and determine the most appropriate legal steps in your case.
Please contact us to arrange an appointment.
For which procedures are the ECJ and ECHR responsible?
Legal protection at the European level is primarily provided by two courts: the European Court of Human Rights (ECHR) in Strasbourg and the Court of Justice of the European Union (CJEU) in Luxembourg. These two courts are strictly distinct from one another – both institutionally and in their jurisdictions.
The European Court of Human Rights (ECtHR) monitors compliance with the European Convention on Human Rights (ECHR) by the member states of the Council of Europe. It examines, among other things, individual complaints against state actions when a violation of Convention rights is alleged. These include, for example, the right to a fair trial (Article 6 ECHR), the right to respect for private and family life (Article 8 ECHR), and the prohibition of torture (Article 3 ECHR).
The European Court of Justice (ECJ), on the other hand, is the highest court of the European Union. It decides on the interpretation and validity of EU law, for example in preliminary ruling procedures under Article 267 TFEU. In criminal law, this concerns, for example, questions of fundamental freedoms under EU law, as well as the interpretation of EU law and the European legal provisions on the rights of the accused.
Both courts play a significant role, particularly in extradition law, international arrest warrants, and cross-border investigations. Their decisions can have direct consequences for ongoing national criminal proceedings.
When is a case before the ECtHR or ECJ considered?
Individual complaint to the ECtHR
According to Articles 34 and 35 of the European Convention on Human Rights (ECHR), proceedings before the European Court of Human Rights (ECtHR) generally require that the applicant claims to have been violated by a contracting party to the ECHR in a right recognized by the Convention or its Additional Protocols. Furthermore, all domestic remedies must have been exhausted. In Germany, this usually means that all available remedies under the ordinary courts have been exhausted and a constitutional complaint has been filed.
Individual applications to the European Court of Human Rights (ECtHR) are subject to strict admissibility requirements. It is crucial for applicants to comply with the strict time limits, in particular the four-month appeal period beginning with the final domestic decision (Article 35(1) ECHR). Furthermore, mandatory forms and detailed requirements for the statement of grounds apply. An insufficiently substantiated application may be rejected as inadmissible.
Preliminary ruling procedure before the ECJ
In contrast, proceedings before the European Court of Justice (ECJ) in connection with German criminal proceedings are often initiated by the national court referring a question to the ECJ for a preliminary ruling. This requires that the court be faced with a question concerning the interpretation of the EU Treaties or the validity and interpretation of acts of EU institutions, bodies, or agencies. The decision on this question must be necessary for the national court proceedings.
In principle, courts of last instance are obligated to refer a question to the CJEU if it is a question that is material to their decision. They are only exempt from referring the question to the CJEU if there can be no reasonable doubt about its interpretation or if the question has already been clarified by the CJEU.
Typical criminal law scenarios with a connection to EU law concern
- the interpretation of the EU Charter of Fundamental Rights,
- the compatibility of national penal provisions with Union law,
- Sanctions in the financial and economic sectors.
What consequences can decisions of the ECtHR or ECJ have?
A successful appeal to the European Court of Human Rights (ECtHR) can lead to the reopening of German criminal proceedings if the judgment is based on the established violation (§ 359 No. 6 of the German Code of Criminal Procedure). Furthermore, a finding of a violation of the Convention can lead to the award of just compensation under Article 41 of the European Convention on Human Rights (ECHR). In addition, ECtHR decisions have a de facto precedent for national courts beyond the individual case. The German Federal Constitutional Court, for example, takes the ECtHR's jurisprudence into account within the framework of an interpretation of the Basic Law that is favorable to international law.
Decisions of the European Court of Justice (ECJ) have a direct impact on the interpretation and application of EU law in all Member States. Due to the primacy of EU law, national law may be disapplied if the ECJ finds that the regulation infringes directly applicable EU law.
Particularly in economic and tax criminal law, such decisions can have considerable practical significance – for example, in the case of harmonized sanctions regimes under EU law, cross-border cooperation between investigative authorities, or rights of the accused enshrined in European law.
Your representation before the ECJ and ECHR – Galen Lawyers
Proceedings before European courts require a precise analysis of the national legal situation and the relevant standards under convention or EU law. Our lawyers will assist you in criminal proceedings with EU law implications as well as with individual applications to the European Court of Human Rights (ECtHR) following national criminal proceedings. We will examine, for example, whether there has been a violation of the accused's rights or whether European law compels a more favorable interpretation of national law for you.
In extradition law, we analyze in particular possible violations of Article 3 ECHR (prohibition of inhuman treatment), Article 6 ECHR (right to a fair trial) and EU legal requirements within the framework of the European Arrest Warrant.
In economic criminal proceedings, we examine the relevance of EU law and, if necessary, advise referring the matter to the ECJ.
Do you have questions about ongoing proceedings or would you like to have your case reviewed to determine whether an appeal to the European Court of Human Rights (ECtHR) or a referral to the European Court of Justice (ECJ) is appropriate? Please contact us to schedule an appointment. Since there is only a four-month deadline for filing a complaint with the ECtHR, you should have a potential appeal reviewed as early as possible. The sooner we understand your case, the more options we have.
An individual complaint is possible if you claim to have been violated in a Convention right by a State party to the ECHR and all domestic legal remedies have been exhausted. The complaint must be filed within four months of the final decision.
In Germany, a constitutional complaint must generally be filed first if a violation of a fundamental right is suspected.
In urgent cases, the ECtHR can order interim measures if there is a real risk of serious human rights violations. Such a risk exists in particular if there is a threat of torture or inhumane detention conditions. Such an order is binding on the extraditing state.
A direct individual action is only possible in a few types of proceedings, which have little practical relevance in criminal law. In practice, the European Court of Justice is usually called upon via a national court by way of a preliminary ruling procedure.
The European Convention on Human Rights (ECHR) is an international treaty of the Council of Europe and is considered ordinary federal law in Germany. The EU Charter of Fundamental Rights is part of primary EU law and has direct effect within the scope of EU law. Both systems are independent; however, the ECHR influences the interpretation of the EU Charter of Fundamental Rights (see Article 52(3) of the EU Charter of Fundamental Rights).
According to Article 46 of the European Convention on Human Rights (ECHR), contracting states are obliged to comply with the judgments of the European Court of Human Rights (ECtHR). National courts must take the ECtHR's jurisprudence into account. However, this does not automatically overturn national decisions. Nevertheless, an ECtHR ruling can, under the conditions of Section 359 No. 6 of the German Code of Criminal Procedure (StPO), lead to the reopening of German criminal proceedings.
The European Court of Justice (ECJ) decides on the interpretation of EU law. This law can also have implications for criminal law. This is the case, for example, with questions concerning European investigation orders, the European arrest warrant, and the rights of the accused as determined under EU law.