Federal Constitutional Court

BvF 1/05 vom 13.3.2007

Abstract

The domestic implementation of Community law directives, which leave no room for discretion to the Member States but impose mandatory requirements, is not reviewed by the Federal Constitutional Court or by the specialized courts against the standard of the fundamental rights of the Basic Law, as long as the case law of the Court of Justice of the European Communities generally guarantees effective protection of fundamental rights against the authority of the Communities, a protection that must essentially be regarded as equivalent to the fundamental rights protection deemed absolutely indispensable by the Basic Law.