G v Germany - 9173/14 [2019] ECHR 942 (28 May 2019)

G v Germany - 9173/14 [2019] ECHR 942 (28 May 2019)

The refusal to reopen proceedings did not constitute a new issue or fresh violation of the Convention; the nature of the prior violation did not require reopening; the Committee of Ministers' competence would be encroached upon if the Court examined the application; the Court is not competent ratione materiae to adjudicate execution-related complaints in this context.

Citation
[2019] ECHR 942
Parties
Applicant: G; Respondent: Germany
Jurisdiction
European Union
Judgment Date
28 May 2019
Procedural Posture
Application to European Court of Human Rights / Decision on Admissibility
Outcome
Application declared inadmissible
Legal Topics
Preventive Detention, Reopening of Criminal Proceedings, Execution of ECHR Judgments, Liberty and Security, Retrospective Punishment
Human Rights Criminal Law Preventive Detention Reopening of Criminal Proceedings Execution of ECHR Judgments Liberty and Security Retrospective Punishment

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Parties

G

Applicant

Germany

Respondent

Procedural Posture

Application to European Court of Human Rights / Decision on Admissibility

Legal Issues

  1. 1 Whether refusal to reopen criminal proceedings after ECHR judgment constitutes a new violation of Article 7 or Article 5 of the Convention
  2. 2 Whether the Court has jurisdiction to examine execution-related complaints under Article 46

Ratio Decidendi

The refusal to reopen proceedings did not constitute a new issue or fresh violation of the Convention; the nature of the prior violation did not require reopening; the Committee of Ministers' competence would be encroached upon if the Court examined the application; the Court is not competent ratione materiae to adjudicate execution-related complaints in this context.

Court Disposition

Application declared inadmissible