Quotation Vranes, Erich. 2013. German Constitutional Foundations of, and Limitations to, EU Integration. A Systematic Analysis. German Law Journal 14 (1): 75-112.


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Abstract

The relationship between EU law and German constitutional law, and the respective dialogue between the ECJ and the German Federal Constitutional Court (FCC), have considerably shaped the EU integration process by creating fields of tension and demarcating possible legal boundaries. The decisions of the German Federal Constitutional Court and the European Court of Justice concerning the European Stability Mechanism are only the most recent examples of this phenomenon. These developments have, of course, spilled over to other EU Member States. The German constitutional bases of, and limits to, EU integration - especially as articulated in the relevant decisions of the German Federal Constitutional Court - have therefore become a field of particular interest for EU and public lawyers. This article gives an up-to-date overview of relevant constitutional rules, court decisions, and the academic debate in Germany. It does so by systematically distinguishing between an analysis of the German constitutional foundations of EU integration (section B.), constitutional limits to the further transfer of powers to the EU through amendments of EU primary law (section C.I.), and the constitutional confines for the legal effects of EU secondary law in Germany (section C.II.).

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Publication's profile

Status of publication Published
Affiliation WU
Type of publication Journal article
Journal German Law Journal
Language English
Title German Constitutional Foundations of, and Limitations to, EU Integration. A Systematic Analysis
Volume 14
Number 1
Year 2013
Page from 75
Page to 112
Reviewed? Y
URL http://www.germanlawjournal.com/index.php?pageID=11&artID=1497

Associations

Projects
National Constitutional Law and European Integration
People
Vranes, Erich (Details)
Organization
Research Institute for European Affairs FI (Details)
Institute for European and International Law (Details)
Research areas (Ă–STAT Classification 'Statistik Austria')
5235 International law (Details)
5240 European law (Details)
5252 Basic and Human rights (Details)
5266 Constitutional law, general (Details)
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