Constitution of Member State as Legal Base and Framework of European Integration – With Special View on the Law of the Federal Republic of Germany and the Latest Revision of the Constitution of the Republic of Croatia Cover Image

Ustav države članice kao pravni osnov i okvir evropske integracije – sa posebnim osvrtom na pravo Savezne Republike Nemačke i na poslednju Promenu Ustava Republike Hrvatske
Constitution of Member State as Legal Base and Framework of European Integration – With Special View on the Law of the Federal Republic of Germany and the Latest Revision of the Constitution of the Republic of Croatia

Author(s): Mladen Tišma
Subject(s): Constitutional Law, Government/Political systems, EU-Accession / EU-DEvelopment
Published by: Institut za uporedno pravo
Keywords: constitution; European Union; Member State; federalism; community law; supranationality;

Summary/Abstract: Different models of national constitutions’ approaches regarding country’s membership in the European Union are analyzed in the article. In that way, constitutions of old Member States and those of the new are studied separately with pointing to some constitutionally unusual provisions. Provisions of the Basic Law for the Federal Republic of Germany are analyzed with special attention in light of jurisprudence of the Federal Constitutional Court. In the next section, author considers the latest Revision of the Constitution of the Republic of Croatia and enactment of provisions towards future membership of the former Yugoslav republic in the EU with retrospective view on historical background of the Croatian constitution. In the end, some constitutional solutions in the potential candidate counties are indicated as well and consequently issue of need for the revision of the current Serbian constitution in order to establish constitutional basis for membership in the European Union.

  • Issue Year: 2011
  • Issue No: 2
  • Page Range: 185-212
  • Page Count: 28
  • Language: Serbian