Constitutional Identity and Ultra Vires Review in Germany
Constitutional Identity and Ultra Vires Review in Germany
Author(s): Sven SimonSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Mádl Ferenc Összehasonlító Jogi Intézet
Keywords: constitutional identity; ultra vires review; Germany; EU law; Bundesverfassungsgericht; CJEU
Summary/Abstract: This article aims to provide insight into the relationship between constitutional identity and ultra vires review in Germany. First, a brief introduction is provided on the issue of the relationship between EU law and national law, then the diverging grounds for validity are presented concerning the interpretation of the CJEU and of the German Federal Constitutional Court. After the detailed analysis of the German case law, limits of a national reservation are scrutinised. In the end, a conclusion is drawn up.
Journal: Central European Journal of Comparative Law
- Issue Year: 2/2021
- Issue No: 1
- Page Range: 185-205
- Page Count: 21
- Language: English