Der europäisierte Rechtsschutzauftrag deutscher Gerichte

Oliver Dörr examines the increasing Europeanization of the German legal and constitutional system, which also includes the fundamental procedural right laid down in the basic law: the guarantee of legal protection pursuant to article 19 paragraph 4. As a result of its Europeanization, the individual is under German constutional law entitled to enforce those subjective rights granted under European Community law (for example freedom of movement and of residence, non-discrimination) in German courts. Moreoevr, the rules of the constitution also entitle the individual to defend himself before German courts against Community law. Oliver Dörr shows the extent to which German courts can (still) have jurisdiction in this respect.