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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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Defiance by a Constitutional Court—Germany

Defiance by a Constitutional Court—Germany

(p.403) 23 Defiance by a Constitutional Court—Germany
The Enforcement of EU Law and Values

Franz C Mayer

Oxford University Press

This chapter considers the highly problematic issue of defiance by a court. Notably, the chapter focuses on defiance by national courts in the context of European integration—a phenomenon which has occurred with some frequency. Still more specifically, this chapter turns to the German Constitutional Court’s approach to European integration. Though the 1949 German Constitution (the Grundgesetz) appears to be more open for European and international cooperation than most other constitutions on the continent, it too seems to be edging toward defiance. As a first step it is thus necessary to take a closer look at the broader picture of the German constitutional landscape, in particular at the German Constitutional Court and its decisions on European integration. Based on that broader account of cases, the chapter then assesses the degree and motivations of defiance and to reflect on possible future developments.

Keywords:   Germany, national courts, German Constitutional Court, European integration, German Constitution

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