Haidn & Anor v Germany - 6587/04 [2007] ECHR 1161 (11 January 2007)

Haidn & Anor v Germany - 6587/04 [2007] ECHR 1161 (11 January 2007)

The Bavarian and Saxony-Anhalt Recidivists' Placement Acts were incompatible with the Basic Law due to lack of legislative competence, but were not void; their continued application was ordered for a short transitional period to protect public interests until federal legislation was enacted.

Citation
[2007] ECHR 1161
Parties
Applicant: Albert Haidn; Applicant: Frank Oberländer; Respondent: Germany
Jurisdiction
European Union
Judgment Date
11 January 2007
Procedural Posture
European Court of Human Rights Application / Statement of Facts
Outcome
Federal Constitutional Court partly allowed applicants' constitutional complaints, declared Land statutes incompatible with Basic Law but ordered continued application until 30 September 2004.
Legal Topics
Preventive Detention, Legislative Competence, Liberty Rights, Retroactive Legislation, Inhuman and Degrading Treatment
Human Rights Law Constitutional Law Criminal Law Preventive Detention Legislative Competence Liberty Rights Retroactive Legislation Inhuman and Degrading Treatment

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Parties

Albert Haidn

Applicant

Frank Oberländer

Applicant

Germany

Respondent

Procedural Posture

European Court of Human Rights Application / Statement of Facts

Legal Issues

  1. 1 Whether continued detention after completion of prison sentence under unconstitutional Land statutes violates Article 5 §1(a) and Article 3 of the European Convention on Human Rights
  2. 2 Whether Bavarian and Saxony-Anhalt Recidivists' Placement Acts are void due to lack of legislative competence
  3. 3 Whether continued application of unconstitutional statutes is permissible

Ratio Decidendi

The Bavarian and Saxony-Anhalt Recidivists' Placement Acts were incompatible with the Basic Law due to lack of legislative competence, but were not void; their continued application was ordered for a short transitional period to protect public interests until federal legislation was enacted.

Court Disposition

Federal Constitutional Court partly allowed applicants' constitutional complaints, declared Land statutes incompatible with Basic Law but ordered continued application until 30 September 2004.

Orders

  • Criminal courts must promptly review placements for compliance with Federal Constitutional Court's reasoning.
  • Federal legislature enacted new law on subsequent preventive detention; Land statutes ceased to apply thereafter.