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

Published online by Cambridge University Press:  19 October 2010


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’

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

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* 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.