For a “prehistoryµ of the relationships among Bonn, Berlin, Karlsruhe, Bruxelles and Luxemburg. German and European reactions to the Solange I decision.
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Abstract
The conflictual relationship between the German Federal Constitutional Court and the European Court of Justice was a significant characteristic of EU integration, at least since the beginning of the ’70s. The paper analyses the so-called Solange I decision (1974) by German Federal Constitutional Court, the dissenting opinion and thanks to new sources it reconstructs the concerns in the German Federal Government deriving from the decision and the dispute with the European Commission, which started but did not follow up an infringement procedure for violations of the Treaty. The analysis is useful to understand the new dispute among Berlin, Brussels, and Karlsruhe after the decision PSPP (Weiß) of May 2020 but also to criticise the use of Sovereignty concept to clarify the role of German Federal Constitutional Court
Keywords
- German Federal Constitutional Court
- Fundamental Rights
- Sovereignty
- Inapplicability
