International Treaties in Germany: The Legislative Competence of Parliament and the Interpretative Competence of the Courts - European Public Law View International Treaties in Germany: The Legislative Competence of Parliament and the Interpretative Competence of the Courts by - European Public Law International Treaties in Germany: The Legislative Competence of Parliament and the Interpretative Competence of the Courts 13 2

This article analyses certain issues concerning the implementation of international-treaty obligations in the German domestic legal order. Traditionally the German legislator has been understood as possessing competence to pass legislation inconsistent with international treaty obligations it had previously con-sented to. In addition, the degree to which decisions of the ECtHR are binding on the German judiciary is still unclear. The article aims to develop new answers to both problems, linking both levels of imple-mentation and finding the right balance between the integrity of international law and of the domestic legal order.

European Public Law