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Craig, Paul --- "Fundamental Rights" [2008] ELECD 225; in Moser, Philip; Sawyer, Katrine (eds), "Making Community Law" (Edward Elgar Publishing, 2008)

Book Title: Making Community Law

Editor(s): Moser, Philip; Sawyer, Katrine

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201379

Section: Chapter 2

Section Title: Fundamental Rights

Author(s): Craig, Paul

Number of pages: 23

Extract:

2. Fundamental rights
Paul Craig1

INTRODUCTION
This chapter examines fundamental rights in Community law and the contri-
bution made by Advocate General Jacobs to this jurisprudence. The discussion
begins with analysis of some of the important Opinions that Francis Jacobs has
given on fundamental rights during his tenure as Advocate General. The focus
then shifts to the more general relationship between fundamental rights within
the Community legal order and the European Convention on Human Rights
(ECHR). This is a topic of considerable importance. It is more especially rele-
vant in the present context given that Francis Jacobs is an acknowledged
expert on the case law of the European Court of Human Rights (ECtHR) as
well as that of the European Court of Justice (ECJ).


ADVOCATE GENERAL JACOBS AND FUNDAMENTAL
RIGHTS
In his long and distinguished career Advocate General Jacobs has given a
number of Opinions concerning fundamental rights relating both to their reach
and their application. Prominent examples of these will be considered in turn.

(A) The Reach of Fundamental Rights: Konstantinidis

Advocate General Jacobs's best-known and most oft-quoted contribution to
fundamental rights jurisprudence came in Konstantinidis.2 A self-employed
Greek masseur who worked in Germany argued that the German authorities
were infringing his Community rights in their official mistranslation of his
name. The question addressed by the Advocate General was whether a


1 Queen's Counsel, Professor of English Law, St John's College, Oxford.
2 Case C-168/91, Konstantinidis v Stadt Altensteig, Standesamt, ...