Resisting the European Court of Justice : West Germany's confrontation with European law, 1949-1979 / Bill Davies.

Format:

Book

Author/Creator:

Davies, Bill, 1979- author.

Language:

English

Subjects (All):

Court of Justice of the European Communities.

Conflict of laws--Jurisdiction--Germany (West)--History.

Conflict of laws.

Constitutional history--Germany (West).

Constitutional history.

Conflict of laws--Jurisdiction.

History.

Germany (West).

International and municipal law--European Union countries.

International and municipal law.

European Union countries.

Law--European Union countries--International unification.

Law.

Jurisdiction--European Union countries.

Jurisdiction.

Physical Description:

1 online resource (xix, 248 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2012.

System Details:

text file

PDF

Summary:

The European Union's (EU) powerful legal framework drives the process of European integration. The Court of Justice (ECJ) has established a uniquely effective supranational legal order, beyond the original wording of the Treaty of Rome and transforming our traditional understanding of international law. This work investigates how these fundamental transformations in the European legal system were received in one of the most important member states, Germany. On the one hand, Germany has been highly supportive of political and economic integration; yet on the other, a fundamental pillar of the post-war German identity was the integrity of its constitutional order. How did a state whose constitution was so essential to its self-understanding subscribe to the constitutional practice of EU law? How did a country who could not say 'no' to Europe become the member state most reluctant to accept the new power of the ECJ?

Contents:

Between sovereignty and integration : West Germany, European integration, and the constitutionalization of European law

Conditional acceptance or accepted condition? : West German legal academia and the constitutionalization of European law, 1949-1979

National versus supranational : West German public opinion toward the constitutionalization of European law, 1949-1979

Competition and authorities : the West German government's response to the constitutionalization of European law, 1949-1979

Dealing with the fallout : German and European responses to the Solange decision

Conclusion. Legal integration in Europe, the United States, and beyond.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139170024

Access Restriction:

Restricted for use by site license.