Prof. Dr. Matteo Fornasier, Bochum
Prof. Dr. Maria Gabriella Stanzione, Università di Salerno
ABSTRACT
The workshop seeks to explore the impact of the European Convention on Human Rights (ECHR) on private law in a comparative perspective, with a special focus on the German and the Italian legal system. As a preliminary question, we will analyse how the Convention, being an international treaty, affects domestic law. From a more practical point of view, we will assess to what extent domestic courts, including constitutional courts, really take into account the ECHR and the jurisprudence of the European Court of Human Rights, without neglecting the analysis of the so called ‘judicial dialogue’ with domestic courts and the Court of Justice of the European Union to develop uniform standards for the protection of human and fundamental rights in private law relationships. Finally, the workshop will explore to what extent the Convention contributes to the harmonisation of private law in Europe: in this context, the key question is whether a human rights court is the right institution to harmonise private law or whether it should be for the supranational and national legislature to achieve this goal.
