{"id":2029,"date":"2026-08-25T16:11:30","date_gmt":"2026-08-25T14:11:30","guid":{"rendered":"https:\/\/galen.de\/?page_id=2029"},"modified":"2026-08-25T16:14:33","modified_gmt":"2026-08-25T14:14:33","slug":"proceedings-before-the-ecj-ecmr","status":"publish","type":"page","link":"https:\/\/galen.de\/en\/rechtsgebiete\/internationales-strafrecht\/verfahren-vor-dem-eugh-egmr\/","title":{"rendered":"Proceedings before the ECJ & ECHR"},"content":{"rendered":"
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European legal protection in criminal law and extradition law<\/h2>

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.<\/span><\/p>

National decisions can sometimes be challenged before European courts \u2013 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.<\/span><\/p>

As a law firm specializing in white-collar crime and extradition law, the lawyers at Galen Rechtsanw\u00e4lte 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.<\/span><\/p>

Please contact us to arrange an appointment.<\/span><\/p>

For which procedures are the ECJ and ECHR responsible?\u00a0<\/h2>

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 \u2013 both institutionally and in their jurisdictions.<\/span><\/p>

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).<\/span><\/p>

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.<\/span><\/p>

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.<\/span><\/p>

When is a case before the ECtHR or ECJ considered?<\/h2>

Individual complaint to the ECtHR<\/h3>

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.<\/span><\/p>

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.<\/span><\/p>

Preliminary ruling procedure before the ECJ<\/h3>

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.\u00a0<\/span><\/p>

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.\u00a0<\/span><\/p>

Typical criminal law scenarios with a connection to EU law concern<\/strong><\/p>