PP1010
Analítico de Periódico
KAISER, Roman
Ein Mehr an Grundrechtsschutz / Roman Kaiser
Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft, Baden-Baden, a.101 n.2 (2018), p.171-182
DIREITO CONSTITUCIONAL, DIREITOS FUNDAMENTAIS
A judgment of the Constitutional Court of the State of Hesse delivered on 10 May 2017 has raised the question as to the relationship between federal and state-level fundamental rights in application to so-called multipolar fundamental rights situations where both individuals of a private law relationship can rely on their respective and thereby conflicting fundamental rights. The question of whether state-level fundamental rights whose content goes beyond the protection afforded by the corresponding federal fundamental right can claim continuing validity for this type of situation is not only a substantive problem to be judged by Articles 142 and 31 of the German basic law but also has procedural consequences concerning the admissibility of constitutional complaints brought before the Constitutional Court of Hesse. This article briefly presents the judgment of the Constitutional Court as well as the substantive legal situation before focusing on the proper interpretation and application of Hesse’s law on constitutional court procedure.