The EU and National Constitutional law /
| Other Authors: | |
|---|---|
| Format: | Book |
| Language: | English |
| Published: |
Stuttgart ; Berlin :
Boorberg,
2012.
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| Series: | Münchener Reden zur Europäischen Integration ;
6 |
| Subjects: |
Table of Contents:
- I. The Judgment of the Federal Constitutional Court of Germany on the Treaty of Lisbon; The Lisbon decision of the Federal Constitutional Court of Germany: Openness towards European Law while safeguarding fundamental political and constitutional structures; I. Introduction; II. European Union Law under review of the Federal Constitutional Court; III. Openness towards European Law; 1. Requirements of the Basic Law; 2. Jurisprudence of the Federal Constitutional Court; IV. Safeguarding fundamental political and constitutional structures. 1. Requirements of the Basic Law2. Jurisprudence of the Federal Constitutional Court; a) Interpretation of the constitutional restrictions regarding European Integration; b) Scope of review after the Lisbon decision; aa) Reservation of control concerning constitutional limits of integration; bb) Identity control and ultra vires control; V. Balancing the requirements of European Union Law and German Constitutional Law; VI. Conclusion. Letter to Luxembourg: The Lisbon Treaty-Decision as part of the ongoing "Dialogue" between the Federal Constitutional Court of Germany and the European Court of JusticeI. Introduction: The communication between the ECJ and the national judiciaries; II. The ""dialogue" between the Federal Constitutional Court and the ECJ; a) Precedence and the protection of fundamental rights; b) The EU and its Member States: the last word on the question of competences; III. The Lisbon Treaty Decision; IV. Conclusion; Postscipt. The German Federal Constitutional Court's Statement on the new EU competences in the Common Commercial Policy: How to deal with existing international investment treaties of the Member States?I. Introduction; II. The Federal Constitutional Court's statement on existing Bilateral Investment Treaties; 1. Pacta sunt servanda; 2. Confirmation of Member States Treaties; a) The European Union's waiver to invoke Member States duties to adapt international agreements to European Union law; b) Re-Delegation of Powers to the Member States; aa) Previous legal situation under EU law. Bb) Changes made by the Lisbon TreatyIII. Conclusion; II. The Treaty of Lisbon and Criminal Law; The Lisbon Judgment and Criminal Law; I. Introduction; II. The Lisbon judgment; III. European Criminal Law and Human Rights; 1. The jurisprudence of the EU courts; 2. Perspective for Improvement; IV. Solutions to the Problem: The approach of the Bundesverfassungsgericht; 1. Procedural Restraints; 2. Strict interpretation of Article 83 TFEU; V. Conclusion; The Implications of theTreaty of Lisbonon Criminal Law; I. Introduction; II. The role of criminal law in the ""old" EU.