Free Speech and Personality Rights in German Law – Lecture by Prof. Rösler in Albania

The focus was on balancing the right to freedom of expression under Article 5(1) of the Basic Law, on the one hand, and the general right of personality under Article 2(1) of the Basic Law in conjunction with Article 1(1) of the Basic Law, on the other. Using various decisions by the Federal Constitutional Court (BVerfG) and the Federal Court of Justice (BGH), the participants were given a clearer understanding of the issue through concrete examples of application. It was made clear that, in cases where these two fundamental rights conflict, case law must conduct a case-by-case balancing test that takes into account the specific circumstances of the case. The impact of fundamental rights on other areas of law was also discussed.

Prof. Rösler also presented European rulings by the European Court of Human Rights (ECHR) in the context of these two fundamental rights and explained the relationship between such rulings and those of the Federal Constitutional Court. This was already the fourth time that Prof. Rösler—at the invitation of GIZ and KAS—had visited Albania to give lectures and provide consultation.