Herrmann v. Germany (GC): the importance of precedent and Strasbourg ‘micromanagement’

This guest post was written by Ingrid Leijten, Ph.D. researcher and teaching assistant at the Leiden University Faculty of Law, Department of Constitutional and Administrative Law.

On 26 June 2012 the Grand Chamber delivered its judgment in the case of Herrmann v. Germany. It found a violation of Article 1 of Protocol No. 1 concerning the involuntary membership of a hunting organisation of a small landowner who was opposed to hunting. The judgment has been commented upon in Germany—where practical consequences and the argument that Strasbourg should not have dealt with this issue in the first place are stressed—as well as elsewhere. My aim is to add something by discussing the importance the Court attached to precedent. The Grand Chamber made it appear inevitable to repeat its earlier conclusion in the case of Chassagnou and Others v. France, that was later confirmed in Schneider v. Luxembourg. But could it really do nothing but ‘follow precedent’ or did it, after all, have a choice? Either way, by entirely focussing on prior case law, what considerations did the Grand Chamber leave out?

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