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The Enforcement of EU Law and ValuesEnsuring Member States' Compliance$
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András Jakab and Dimitry Kochenov

Print publication date: 2017

Print ISBN-13: 9780198746560

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198746560.001.0001

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Enforcement of Federal Law against the German Länder

Enforcement of Federal Law against the German Länder

(p.265) 15 Enforcement of Federal Law against the German Länder
The Enforcement of EU Law and Values

Dirk Hanschel

Oxford University Press

This chapter examines the various legal and political means of federal law enforcement by Germany’s Federal Government and by the Federal Constitutional Court. This is understood as a form of resolution of vertical power conflicts within federations. While by its nature the main focus of this chapter lies on the legal means of federal law enforcement within the context of the notion of executive federalism, it also devotes some attention to the political dimension. Since German federalism is strongly based on consensus and cooperation, this dimension is very important in practice. Where antagonism between the Federation and the Länder occurs (whether expressed in political or legal terms), it is frequently either motivated by party politics or triggered by matters where specific subnational interests are at stake. Apart from negotiation, adjudication by the Constitutional Court is one of the key instruments to deal with that.

Keywords:   Federal Government, Germany, Länder, Federal Constitutional Court, federal law enforcement, German federalism, vertical power conflicts

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