Title:
Consequences of Violations of Common Constitutional Traditions of Member States by German Jurisprudence – The Widespread of Illegality All Over Europe and the World

Authors:
Magdalena Katz*, Germany

Abstract:

Fair access to an independent judge and unbiased court all over the World has seemed to be obvious for tens of years. However, recent studies prove, how states do not fulfill this requirement, basic for constitutional traditions. Moreover, they took care of establishing mechanisms in European and international law that secure an automatic execution of judgments of national courts and thus abuse the good faith of all stakeholders in order to widespread the illegality anchored in national law all over the World.

Thus European and international law serve to deprive citizens of fair access to court. This constitutes a great friction in international law, that on the one hand foresees Human Rights and on the other hand it allows automatic execution of illegal judgments of one country in the entire World. The contradiction here is that the automatic execution of illegality anchored in one state runs to the automatic deprive of Human Rights all over the World.

It means that international law both guarantees the Human Right of fair access to court and hollows out this Human Right.

At the same time, mechanisms established in international law are missing that could help to deal with this contradiction.

The friction here is, that the widespread of the illegality occurs automatically – under abuse of national courts all over the World – and that the guarantee of the Human Rights’ protection can solely occur on a case-by-case basis, by the European Court for Human Rights. However, there is no international court for Human Rights.

DOI: https://doi.org/10.51505/IJEBMR.2026.11018