Hostname: page-component-848d4c4894-nmvwc Total loading time: 0 Render date: 2024-06-14T11:49:11.384Z Has data issue: false hasContentIssue false

Multilevel cooperation of the European Constitutional Courts: Der Europäische Verfassungsgerichtsverbund*

Published online by Cambridge University Press:  19 October 2010

Abstract

Broad concept of constitutional jurisdiction – Triangle between Karlsruhe, Strasbourg and Luxembourg – European vocation of the German Constitutional Court and Basic Law – European Convention on Human Rights – Karlsruhe decisions can be reviewed in Strasbourg – Human rights-related constitutional court – European Court of Justice developed into constitutional court of the Union – Verbund between three courts – No simplistic hierarchy – Verbund techniques – Dialogue in Human Rights; Interplay in Integration – Federal Constitutional Court and European Court of Human Rights functionally comparable – Both Courts seek substantive coherence as Verbund technique – Federal Constitutional Court commits all German authorities to the Convention – Federal Constitutional Court and ECJ – Principle of openness to European Law – Sharing and assigning responsibilities in complex system – Solange, ultra vires and identity review – Responsibility for integration, due by Court and other German bodies – Federal Court contributes to common European Constitutional order – Europe-wide discursive struggle and ‘Lernverbund’

Type
Articles
Copyright
Copyright © T.M.C. Asser Press and the Authors 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

* Footnoted version of a paper presented at the Representation of the Free State of Bavaria to the European Union in Brussels on 3 Nov. 2009. I am very grateful to my research assistant at the Federal Constitutional Court, Oberregierungsrätin dr. Isabel Schübel-Pfister, for her valuable support in the preparation of the paper.