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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, 2015. All Rights Reserved.date: 22 November 2019

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

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

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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