Bullettin n. 1/2011 | ||
June 2011 | ||
Wendel Mattias |
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Lisbon Before the Courts: Comparative Perspectives | ||
in European Constitutional Law Review , Volume 7 - Issue 01 , 2011 , 96-137 | ||
Lisbon decisions of the constitutional courts in Austria, the Czech Republic, France, Germany, Hungary, Latvia and Poland from a comparative perspective Democracy, sovereignty and identity Permeability of national and supranational law Ratification of the Lisbon Treaty and its constitutional foundations Procedural background and legal outcome of the Lisbon decisions Differences of institutional self-conception Parliamentary responsibility for integration Prior parliamentary assent to the future application of dynamic treaty provisions Different conceptions of national and multi-levelled democracy Popular vote Constitutional limits to European integration Limits indicating the necessity of an amendment and limits protecting the inalienable substantial core of a constitutional order German Bundesverfassungsgericht only court in Europe spelling out an eternity clause in a detailed, catalogue style manner Judicial restraint Ultra vires and identity review Article 4.2 TEU as an integration clause of EU law and not a derogation clause Comparative dialectics | ||