4/12/2017

Procrustian Lady judge Birkhofer-Hoffmann views ECHR decisions as foreign interventions without any relevance for the Province of Bavaria and its judiciary

In her judgment and reasoning on February 15, 2017, Munich Judge Birkhofer-Hoffmann from the juridical epicenter of the Province of Bavaria declared literally and brazenly "Here German law applies". This was clearly in reference to my citing of ECHR decisions to which she took exception.

Fair enough, able Judge. However, ECHR decisions do not denigrate or invalidate the justice system of the sovereign state of Germany, of which the Province of Bavaria - and one should be glad about the existence of this Bavarian enclave, as she has been providing and continues to provide an insight into the way of thinking and genesis of the human species of some 150 years ago; if you will, it resembles an open zoo with at times pleasant and quaint entertainment - is a part. The former has granted itself the luxury of a Federal Constitutional Court which from time to time has the peculiarity, some might call it audacity, of publishing a decision on a case in writing. Such an event occurred for example in October 2004 under the heading

To take account of the decisions of the European Court of Human Rights by national authorities, in particular German courts.

Against this background and the fact that the FRG is embedded in the EU as a member state which has signed the European Convention on Human Rights in 1952, a statement such as this judge's as in the minutes of the court hearing of February 15, 2017 on page 8 makes for disconcerting reading:
 "The purpose of the final word is not to refer to case decisions of other countries and of the MRGH (sic!) ."
With all due respect, the Lady Judge from the Alpine province might want to reconsider her phrasing. Refinement is not a forte of bucolic Bavaria and its peasants.

In other words, following the French ethical code of the judges: "Judgment in an independent manner is also a state of mind"; or, to quote Lord Hope of Craighead from the other side of the English Channel - independence is in the hearts and minds of the judges. "Eric J. Maitrepierre, Director of the International and European Department of the Ministry of Justice, Paris, In 'ETHICS, DEONTOLOGY, DISCIPLINE OF JUDGES AND PROSECUTORS IN FRANCE'.

Good Lordy, again someone from abroad.

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