As @StevePeers @gideonrachman and @BrigidLaffan are discussing the BVerfG, let me indulge in some history... (short thread, yes, I will limit myself to very few key things).
@StevePeers @gideonrachman @BrigidLaffan Arguably the largest challenge the BVerfG posed to the EU system was Solange I in 1974. The Court at that time said it would itself control EU acts - because of a lack of fundamental rights protection.
That issue was resolved in 1986 with Solange II where the Court basically said OK - you now have a fundamental rights catalogue that is fine with us. We'll no longer have to check compliance with the rights of the German Constitution as long as that's the case.
Compared to that the Court's current areas of conflict with the EU system are tame. The Court, roughly, says it'll check whether the EU acted within its competences (so that's actually checking EU law) -
And it'll check for violations of those provisions of the German Constitution that cannot be changed ever as part of the Constitutional identity. That's ... very limited.
Caveat: This is for non-lawyers. I also have a long read comparative and legally correct version of this type of intra-federal system court fights comparing Germany, the US and the EU. mohrsiebeck.com/buch/eigenstae…
It comes in a pleasant yellow and will attract admiring glances "you read German. AND THAT STUFF?"
People who do read German claim it also could help with insomnia.
People who do read German claim it also could help with insomnia.
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