The German Constitutional Court's Friendliness towards European Law: On the Judgment of "Bundesverfassungsgericht" over the Ratification of the Treaty of Lisbon

• Autores: Jacques Ziller
• Localización: European public law, ISSN 1354-3725, Vol. 16, Nº. 1, 2010, págs. 53-73
• Idioma: inglés
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• Dialnet Métricas: 4 Citas
• Resumen

  • Novel features of the VerfGs judgment in relation to the previous ‘solange’ and Maastricht jurisprudence are 1 the very strong link between democracy and sovereignty in the implementation of the principle of conferral; and 2 the indication that the Constitutional court will be the sole interpreter of what constitutes Germanys constitutional identity The Court does not indicate what would happen in procedural terms if it were to find a provision of EU law in contradiction with Germanys constitutional identity or which would not respect the principle of conferral This writers view is that the only correct way to solve such an issue would be for a Constitutional court to refer to the European Court of Justice ECJ for a preliminary ruling on the invalidity of such a provision