Pietro Faraguna

The German Federal Constitutional Court and the European Union, between Openness and Counterlimits.

  • Abstract

Informations and abstract

Keywords: European Union; Grundgesetz; Constitutional Identity; Judicial Dialogue; Constitutional Interpretation.

The Article analyses the role played by the German Federal Constitutional Court (BVerfG) in the European integration process. Building on German positive (constitutional) law, the Article argues that the Grundgesetz should be considered one of the Constitutions of European Member States that are more open to international and EU law. Nonetheless, the BVerfG long played as a reluctant actor in the so-called judicial dialogue. This article focuses on multiple contradictions emerging from the role played by the BVerfG and analyses the everchanging impact of its "European" case law on the development of the European integration process.

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