ABSTRACT
National courts claim the right to ‘autonomous integration’ of new solutions into the respective legal systems and legal cultures. This explained on the basis of the implementation of the European Court of Human Rights jurisprudence on security detention into German law. The implementation of the Court’s judgments is even more difficult when they are based on the application of the proportionality principle in a triangular or multipolar conflict in which different human rights have to be balanced. The German Constitutional Court has coined the expression of ‘multipolar conflicts’ for this phenomenon in its famous Gorgulu judgment. The different courts held different views on how to integrate the new criteria into the jurisprudence of the Federal Supreme Court and the Federal Constitutional Court. The Constitutional Court accepted the Federal Supreme Court’s interpretation and explicitly referred to its restricted right to control the civil courts’.
