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Curtea constituțională germană, balanță a relației federalo-comunitară

The German constitutional court, balance of the federal-community relations
[journal article]

Ladea, Matei

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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 Bundesverfassungsgericht 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.
Keywords constitutionalism; European integration; Federal Republic of Germany; Lisbon Treaty; EU; legal system; legal order; Federal Administrative Court; European Law; Maastricht Treaty; European Court of Justice
Classification European Politics
Document language Other language
Publication Year 2012
Page/Pages p. 111-132
Journal Annals of the University of Bucharest / Political science series, 14 (2012) 2
ISSN 1582-2486
Status Published Version; peer reviewed
Licence Creative Commons - Attribution-Noncommercial-No Derivative Works