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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Caroline von Monaco Case (Ger)

Germany [de]

Paula Gorzoni

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Subject(s):
Fair hearing and fair trial — Freedom of expression — Freedom of the press — Right to privacy — Individual rights — Fundamental rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 The Caroline von Monaco case addresses the conflict between personality rights and the freedom of expression and freedom of the press in cases involving people of public interest (such as celebrities and politicians) and the media. The reasoning of the German courts, especially the Federal Constitutional Court of Germany (Bundesverfassungsgericht), and the argumentation of the European Court of Human Rights (ECtHR) develop different criteria to be considered while balancing the fundamental rights and interests involved in the case. The judgments also show a...
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