Read German and European Union law as diverging legal orders: Close analysis of the German legal order and the European legal order as regards conflict and its necessity

German and European Union law as diverging legal orders: Close analysis of the German legal order and the European legal order as regards conflict and its necessity

Alina Pricopi

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Description:Scientific Essay from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, language: English, abstract: Within the European Union, the Court of Justice (hereinafter the Court) developed through its case law the doctrine of supremacy. The outcome has been the creation of a new legal order which now exists independently of the separate legal orders of the Member States. Since both the legal order of the European Union and the one of the Federal Republic of Germany assume the role of higher law, as such there is a conflict between the two. The claim of the current paper is that such a conflict creates a necessary balance and that by its existence it does not erode the acquis communautaire of the European Union. Moreover, the present paper concurs with the German approach as to rejecting the supremacy of EU law over German national law. In order to support the above-mentioned claim, the aim of the paper will consist of the following steps. First, the conflict between the two legal orders will be shortly illustrated. Second, the reasoning of the Supreme Constitutional German Court or the Bundesverfassungsgericht (hereinafter the Bundesverfassungsgericht) will be presented with the help of landmark national cases and also the principles of militant democracy and eternity clause. Third, an analysis of whether the conflict is necessary and whether it creates a balance within a pluralist dimension will be offered. The reason why this topic has been chosen is to show how two legal orders coexist while having created a conflict through the imposition of certain limits. The limits were imposed through the national case law of the Bundesverfassungsgericht. The methodology employed by the paper will be the doctrinal research. In the selection of appropriate sources, the focus will be on primary and secondary sources of law e.g. case law of the Court, national case law of the Bundesverfassungsgericht, books, articles and papers that will illustraWe have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with German and European Union law as diverging legal orders: Close analysis of the German legal order and the European legal order as regards conflict and its necessity. To get started finding German and European Union law as diverging legal orders: Close analysis of the German legal order and the European legal order as regards conflict and its necessity, you are right to find our website which has a comprehensive collection of manuals listed.
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Pages: 16

Format: PDF, EPUB & Kindle Edition

Publisher: Grin Verlag

Release: 2017

ISBN: 3668403414

Description: Scientific Essay from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, language: English, abstract: Within the European Union, the Court of Justice (hereinafter the Court) developed through its case law the doctrine of supremacy. The outcome has been the creation of a new legal order which now exists independently of the separate legal orders of the Member States. Since both the legal order of the European Union and the one of the Federal Republic of Germany assume the role of higher law, as such there is a conflict between the two. The claim of the current paper is that such a conflict creates a necessary balance and that by its existence it does not erode the acquis communautaire of the European Union. Moreover, the present paper concurs with the German approach as to rejecting the supremacy of EU law over German national law. In order to support the above-mentioned claim, the aim of the paper will consist of the following steps. First, the conflict between the two legal orders will be shortly illustrated. Second, the reasoning of the Supreme Constitutional German Court or the Bundesverfassungsgericht (hereinafter the Bundesverfassungsgericht) will be presented with the help of landmark national cases and also the principles of militant democracy and eternity clause. Third, an analysis of whether the conflict is necessary and whether it creates a balance within a pluralist dimension will be offered. The reason why this topic has been chosen is to show how two legal orders coexist while having created a conflict through the imposition of certain limits. The limits were imposed through the national case law of the Bundesverfassungsgericht. The methodology employed by the paper will be the doctrinal research. In the selection of appropriate sources, the focus will be on primary and secondary sources of law e.g. case law of the Court, national case law of the Bundesverfassungsgericht, books, articles and papers that will illustraWe have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with German and European Union law as diverging legal orders: Close analysis of the German legal order and the European legal order as regards conflict and its necessity. To get started finding German and European Union law as diverging legal orders: Close analysis of the German legal order and the European legal order as regards conflict and its necessity, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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German and European Union law as diverging legal orders: Close analysis of the German legal order and the European legal order as regards conflict and its necessity

German and European Union law as diverging legal orders: Close analysis of the German legal order and the European legal order as regards conflict and its necessity

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