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8 - Judicial Power and European Integration

The Case of Germany

from Part II - Democratic Effectiveness of Judicial Power

Published online by Cambridge University Press:  27 January 2019

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Summary

The chapter takes a closer look at the particular role of the German Constitutional Court in European integration and explores the question why the German Constitutional Court is being perceived as a political player in European Union politics and, more generally, what is and should be its role in contemporary European politics. To illustrate the power of the German Constitutional Court, the chapter begins with a brief look on how the German Constitutional Court could have brought the world economy down in 2012 in the context of the Euro crisis. To understand the role of the Constitutional Court in today’s European Union, the chapter then turns to the historical context of its establishment in Germany. It also takes a closer look at the framework of Germany’s participation in European integration set by the text of the German constitution. The case law of the German Constitutional Court on European affairs is its primary means of communication adds elements of interpretation to the initial constitutional layout. The most recent developments in the context of the Euro crisis illustrate where the Court stands today and where it might go from here.

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Chapter
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Judicial Power
How Constitutional Courts Affect Political Transformations
, pp. 183 - 201
Publisher: Cambridge University Press
Print publication year: 2019

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