The well-known Gorgulu decision of 2004 has not done away with that problem. This decision concerned the resistance of the ordinary courts to implement the ECtHR’s Gorgulu judgment. It had held that the applicant’s right to respect for his family life had been violated by refusing him custody and access to his son. It is ironic that the Federal Constitutional Court’s decision solely stands for the ‘last word of the German Constitution’. In fact, it enforced the previous ECtHR judgment against the blatant resistance of the higher regional court; it took the Federal Constitutional Court no less than four interventions to wrestle that court whose judges were later indicted for premeditated perversion of justice (nota de subsol 22: Higher Regional Court Naumburg, Order of 6 October 2008, No1 Ws 504/07,2008 61 NEue Juristische Wochenschrift 3585-358).
Notă MMB: Pentru cum sunt pedepsiți judecătorii în Germania, a se vedea și aici.
(Principled Resistance to and Principled Compliance with ECtHR Judgments in Germany în Principled Resistance to ECtHR Judgments – A New Paradigm? (coord. M. Brauer), ed. Springer, 2019, la pp. 59-60)