Relationship between the European Court of Justice and the National Constitutional Courts. The control of legislative competences of the European Union

On the example of the German BVerfG

Term Paper , 2008 , 22 Pages , Grade: 1,7

Politics - Topic: European Union

A clarification of the conditions between the European Court of Justice (ECJ) and the Constitutional Courts of the Member States is of particular importance to ensure the effectiveness of the Community law. The ECJ as the body of jurisdiction has to show due regard for the protection of Community law. Hence it is jointly responsible for the existence of the European Community (EC) as a community based on law as well as for the progress of European integration. In this regard, it is essential if the relation between the ECJ and the national courts is clearly definable or if the latter claim intersecting auditing authorities for its own. As a consequence of an ambiguous allocation of rights and duties, the Community law could be deprived of its effectiveness by conflicting judgments of the national courts, which have been implemented within the Member States.
The aim of this paper is to examine the relationship between the ECJ and the National Constitutional Courts with regard to possible cleavages. The question behind the following is, if the national courts can be referred to as the ‘underdogs’ of the European integration. Therefore, the GFCC is cited as an example.

Inhaltsverzeichnis

• Inhaltsverzeichnis
• Abkürzungsverzeichnis
• 1 Introduction and purpose of the paper
• 2 The European Court of Justice as a “motor of integration”
  • 2.1 Composition, structure and organisation
  • 2.2 Functions, proceedings and responsibilities
  • 2.3 Relevant jurisdiction of the ECJ
• 3 The German Federal Constitutional Court as the “guardian of the constitution"
  • 3.1 Composition, structure and organisation
  • 3.2 Functions, proceedings and responsibilities
  • 3.3 Relevant jurisdiction of the GFCC
    • 3.3.1 The "Solange I" decision
    • 3.3.2 The "Solange II” decision
    • 3.3.3 The "Maastricht" decision (1993)
    • 3.3.4 The banana market regulation (2000)
• 4 Cleavages within the cooperation of the ECJ and the GFCC
  • 4.1 European legal perspective of the ECJ
  • 4.2 European legal perspective of the German Federal Constitutional Court
  • 4.3 Purposes for cleavages between the ECJ and national constitutional courts
• 5 Conclusion and future prospects
• Reference List
  • Books
  • Articles
  • Webfiles

Zielsetzung und Themenschwerpunkte

This term paper examines the relationship between the European Court of Justice (ECJ) and the national constitutional courts of the Member States, particularly focusing on the German Federal Constitutional Court (GFCC). The paper aims to analyze potential cleavages between these institutions and explore the implications for the effectiveness of European law and the progress of European integration. The paper investigates the role of the ECJ as a "motor of integration" and the GFCC as the "guardian of the constitution," examining their respective jurisdictions and the potential for conflicting interpretations of European law.

• The role of the ECJ in the development of European law and its impact on national legal systems
• The relationship between the ECJ and national constitutional courts, particularly the GFCC
• The potential for cleavages between the ECJ and national courts regarding the interpretation of European law
• The implications of these cleavages for the effectiveness of European law and the progress of European integration
• The future prospects for cooperation and coordination between the ECJ and national constitutional courts

Zusammenfassung der Kapitel

The introduction establishes the importance of clarifying the relationship between the ECJ and national constitutional courts for the effectiveness of European law. It highlights the potential for conflicting judgments and the implications for the progress of European integration. The paper then examines the ECJ as a "motor of integration," outlining its composition, structure, functions, and jurisdiction. It explores the ECJ's role in interpreting European law and its impact on national legal systems. The paper then turns to the GFCC as the "guardian of the constitution," examining its composition, structure, functions, and jurisdiction. It analyzes the GFCC's approach to the interpretation of European law and its potential for challenging the ECJ's authority. The paper then delves into the potential for cleavages between the ECJ and national constitutional courts, exploring the different perspectives on the interpretation of European law and the implications for the effectiveness of European law. Finally, the paper concludes by discussing the future prospects for cooperation and coordination between the ECJ and national constitutional courts.

Schlüsselwörter

The key terms and focus themes of the text include the European Court of Justice, national constitutional courts, European law, European integration, the German Federal Constitutional Court, the "Solange" decisions, the "Maastricht" decision, the banana market regulation, and the potential for cleavages between the ECJ and national courts. The paper explores the relationship between these institutions and the implications for the effectiveness of European law and the progress of European integration.

• College: University of Hamburg (Master of Arts European Studies)
• Course: Introduction to the System of the EU
• Grade: 1,7
• Author: Jean Knödel (Author)
• Publication Year: 2008
• Pages: 22
• Catalog Number: V127272
• ISBN (eBook): 9783640334094
• ISBN (Book): 9783640334100
• Language: English
• Tags: ECJ, BVerfG, EU, European Court of Justice