The German Federal Constitutional Court and Europe: New Balances? The Concurrent Violation of National and European Union’s Fundamental Rights
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Abstract
Two rulings delivered on 6th November 2019 by the German Bundesverfassungsgericht have significantly reshaped the relationships between domestic law and EU law with regard to fundamental rights protection. For the first time ever, the Federal Constitutional Court uses the Charter of fundamental rights of the EU as a legal yardstick in direct complaint procedures, and in so doing it paves the way to a new balance in its relationships with both the German judiciary and the Court of Justice of the EU. Background and outcomes of these decisions are examined and critically compared with the situation in Italy.
Keywords
- Fundamental Rights
- Dual Preliminarity
- German Federal Constitutional Court
- Italian Constitutional Court
- Charter of Fundamental Rights of the EU
