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Judging the Crisis: Democracy, Politics and the German Constitutional Court

Dates:
  • Wed 29 Mar 2017 11.00 - 13.00
  Add to Calendar 2017-03-29 11:00 2017-03-29 13:00 Europe/Paris Judging the Crisis: Democracy, Politics and the German Constitutional Court

A significant body of constitutional scholarship on the EU sees resistance by national constitutional courts to European integration as a constructive force for the legitimacy of the EU legal order. This paper takes a critical approach towards such claims. It revisits the German Constitutional Court’s case law on the Euro crisis and assesses this case law in its political context. The paper discusses how the German Bundestag deliberated and decided on key Euro crisis measures prior to the Court’s review, as well as how the GCC’s case law affected subsequent German and European political decision-making. The paper aims to show that the constitutional interpretations of the GCC are deeply contested in German democratic politics and that the Court’s case law has undemocratic effects for the EU as a whole. The paper moves beyond the existing literature on the subject in that it compares the GCC’s case law with constitutional interpretations in German politics and traces the effects of the GCC’s case law on German and EU politics. The paper’s findings underline how the apparent contestation introduced by national constitutional courts comes at the expense of democratic contestation at the political level about the future course of European integration.

Sala Triaria, Villa Schifanoia DD/MM/YYYY
  Sala Triaria, Villa Schifanoia

A significant body of constitutional scholarship on the EU sees resistance by national constitutional courts to European integration as a constructive force for the legitimacy of the EU legal order. This paper takes a critical approach towards such claims. It revisits the German Constitutional Court’s case law on the Euro crisis and assesses this case law in its political context. The paper discusses how the German Bundestag deliberated and decided on key Euro crisis measures prior to the Court’s review, as well as how the GCC’s case law affected subsequent German and European political decision-making. The paper aims to show that the constitutional interpretations of the GCC are deeply contested in German democratic politics and that the Court’s case law has undemocratic effects for the EU as a whole. The paper moves beyond the existing literature on the subject in that it compares the GCC’s case law with constitutional interpretations in German politics and traces the effects of the GCC’s case law on German and EU politics. The paper’s findings underline how the apparent contestation introduced by national constitutional courts comes at the expense of democratic contestation at the political level about the future course of European integration.


Location:
Sala Triaria, Villa Schifanoia

Affiliation:
Department of Law
Robert Schuman Centre for Advanced Studies

Type:
Lecture

Organiser:
Prof. Deirdre Curtin (EUI - Law Department)

Discussant:
Marcin Baranski (EUI - Law)

Contact:
Olga Lupu (EUI - Law) - Send a mail

Speaker:
Dr. Nik de Boer (University of Amsterdam)

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