THE GERMAN CONSTITUTIONAL COURT, BALANCE OF THE FEDERAL-COMMUNITY RELATIONS Cover Image

CURTEA CONSTITUŢIONALĂ GERMANĂ, BALANŢĂ A RELAŢIEI FEDERALO-COMUNITARĂ
THE GERMAN CONSTITUTIONAL COURT, BALANCE OF THE FEDERAL-COMMUNITY RELATIONS

Author(s): Matei Ladea
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii din Bucureşti
Keywords: Constitutionalism; European integration; Constitutional Court of Germany; Lisbon Treaty; EU legal system

Summary/Abstract: The legal architecture of the EU is considered to be sui generis and like any other hybrid system, the process of integration and interaction with the older instruments of the member-states can sometimes become difficult. This article investigates the interventionist tendencies of the undesverfassungsgericht in EU development and the reactions of the EU Court of Justice. The main finding is that the German Court often acts as a balance setter in the process of EU integration. The research introduces the debate of the national states’ legal resistance to integration and highlights the changes brought in this respect by the Treaties of Maastricht and Lisbon

  • Issue Year: XIV/2012
  • Issue No: 2
  • Page Range: 111-132
  • Page Count: 22
  • Language: Romanian
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