The Bundesverfassungsgericht’s human dignity review: Solange III and its application in subsequent case law

By:

Clara Rauchegger [auth]

Material type: Article

ArticleLanguage: English Publication details: Edward Elgar Publishing 2018Description: 1 electronic resource (20 p.)ISBN:

9781786436054

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Summary: In its Solange III judgment, the Bundesverfassungsgericht, the German Federal Constitutional Court, attached a new condition to the primacy of EU law over German constitutional law. It turned the constitutional identity review that it had introduced in its Lisbon judgment into a safeguard mechanism for the protection of human dignity in individual cases. The chapter examines the advent of this new condition in Solange III and its application in subsequent case law of the Bundesverfassungsgericht.

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In its Solange III judgment, the Bundesverfassungsgericht, the German Federal Constitutional Court, attached a new condition to the primacy of EU law over German constitutional law. It turned the constitutional identity review that it had introduced in its Lisbon judgment into a safeguard mechanism for the protection of human dignity in individual cases. The chapter examines the advent of this new condition in Solange III and its application in subsequent case law of the Bundesverfassungsgericht.

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