Schmitz v. Germany and Mork v. Germany: Applause for the German Constitutional Court—Does ‘Dialogue’ Solve it All?

This guest post was written by Ingrid Leijten who works as a Ph.D. fellow and teaching assistant at the Leiden University Faculty of Law, Department of Constitutional and Administrative Law. Her main research interest lies in the development of the ECHR and the practice of the ECtHR in relation to the Member States’ policymaking.

 

Recently, the Fifth Section of the Court held in the cases of Schmitz v. Germany and Mork v. Germany that the (possibly) infinite preventive detention the claimants were exposed to did not violate Article 5§1 of the Convention. What makes the decisions worth mentioning though, is the role accorded to the judgment of the Bundesverfassungsgericht (German Constitutional Court; BVerfG) of 4 May 2011—and thereby the exemplar of ‘dialogue between Strasbourg and national courts’ these cases might turn into.

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