The Legacy of Advocate General Jacobs at the European Court of Justice
Edited by Philip Moser and Katrine Sawyer
Chapter 2: Fundamental Rights
2. Fundamental rights Paul Craig1 INTRODUCTION This chapter examines fundamental rights in Community law and the contribution 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 relevant 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 Queen’s Counsel, Professor of English Law, St John’s College, Oxford. Case C-168/91, Konstantinidis v Stadt Altensteig, Standesamt, and Landratsamt Calw, Ordnungsamt  ECR I-1191. 54 1 2 Fundamental rights 55...
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