The best claim is of no use if it cannot be enforced. Legal protection, protection of the rights of the individual, protection of individual rights – a topic that is constantly topical.
This is particularly the case in relation to state authority. Increasingly, Europe, in the form of the European Community(ies), is entering the scene as a further actor and is establishing law that is directly applicable in the member states. This also contains rights and obligations for private persons and corporations. This thesis examines their enforcement at the interface of two legal systems and two intertwined administrative structures. Based on the case law of the European Court of Justice, a gap in legal protection is identified and it is examined whether it has been closed by the amendment in the Constitutional Treaty, which was adopted in identical wording into the Lisbon Treaty. This is done on the basis of concrete cases that are frequently encountered in legal and administrative practice.