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Review Essay – Principles of European Constitutional Law (Armin Von Bogdandy & Jurgen Bast eds., 2006)

Published online by Cambridge University Press:  06 March 2019

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Recently the German Bundesverfassungsgericht (Federal Constitutional Court) knocked on the European Union's door with its impressive judgment on the Lisbon Treaty, recalling all the weight of the German scholarship tradition steeped in the German dogmatic flavor: the attention to the history of sovereignty and the attempt to catch all the European Union constitutional system's life revealed the systemic approach peculiar to the German dogmatic scholarship.

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Copyright © 2009 by German Law Journal GbR 

References

1 Armin Von Bogdandy & Jurgen Bast (eds.), europäisches verfassungsrecht (2003).Google Scholar

2 Antje Wiener, Soft Institutions, in Principles of European Constitutional Law, 420 (A. Von Bogdandy & J. Bast eds., 2006).Google Scholar

3 Armin von Bogdandy, Constitutional Principles, in Principles of European Constitutional Law (A. Von Bogdandy & J. Bast eds., 2006).Google Scholar

4 Id., 7.Google Scholar

5 Id., 5.Google Scholar

6 Id., 9.Google Scholar

7 Christian. Tomuschat, Der Verfassungsstaat im Geşecht der internationalen Beziehungen, 36 Veröffentlichungen der Vereinigung der deutschen Staatsrechtslehrer 51–53 (1978).Google Scholar

8 Principles of European Constitutional Law (note 4), 145.Google Scholar

9 Id., 185.Google Scholar

10 Id., 188.Google Scholar

11 Id., 226.Google Scholar

12 Karl Loewenstein, Political Power and the Governmental Process 203 (1957).Google Scholar

13 Philippe Dann, The Political Institutions, in Principles of European Constitutional Law (note 4), 239.Google Scholar

14 The book came out before the two referenda in France and in the Netherlands.Google Scholar

15 Because of the inevitable connection between vertical and horizontal orders of competences.Google Scholar

16 Id., 372.Google Scholar

17 Id., 421.Google Scholar

18 Id., 499.Google Scholar

19 Jürgen Kühling, Fundamental Rights, in Principles of European Constitutional Law (note 4), 504Google Scholar

20 Id., 507 et seq.Google Scholar

21 Id., 567.Google Scholar

22 Armin Hatje, The Economic Constitution, in Principles of European Constitutional Law, 587–632 (A.von Bogdandy & J. Bast eds., 2006).Google Scholar

23 See for example the use of the Freiburg School Ordoliberal model.Google Scholar

24 Principles of European Constitutional Law (note 4), 730.Google Scholar

25 Id., 734.Google Scholar

26 Id., 761.Google Scholar

27 Id., 802.Google Scholar

28 See for example the essays of Haltern, Möellers and Kirchhof.Google Scholar

29 J. Ziller, Il nuovo Trattato europeo (2008).Google Scholar

30 ECJ, Joined cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v. European Council, 2008, not yet published: “Fundamental rights form an integral part of the general principles of law whose observance the Court ensures. For that purpose, the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international instruments for the protection of human rights on which the Member States have collaborated or to which they are signatories…. It follows from all those considerations that the obligations imposed by an international agreement cannot have the effect of prejudicing the constitutional principles of the EC Treaty, which include the principle that all Community acts must respect fundamental rights, that respect constituting a condition of their lawfulness which it is for the Court to review in the framework of the complete system of legal remedies established by the Treaty”.Google Scholar

31 “The term ‘formant’ comes from phonetics, and a legal formant is the body of rules and propositions that contribute to “forming” the legal system. Without establishing any hierarchy between them, the comparativist studies the relevance of the legislative, scholarly and jurisprudential formants, along with constitutional conventions and interpretative usages, etc. Naturally, the number of legal formants and their comparative importance vary enormously from one legal system to another.’ Alberto Vespaziani, Comparison, Translation and the Making of a Common European Constitutional Culture 5 German Law Journal 547, 563 (2008), available at http://germanlawjournal.com/index.php?pageID=11&artID=955. The term ‘formant’ was introduced by Rodolfo Sacco (Legal Formants: A Dynamic Approach to Comparative Law American Journal of Comparative Law 1 (I) (1991) 39; Rodolfo Sacco, Legal Formants: A Dynamic Approach to Comparative Law American Journal of Comparative Law 343 (II)’ (1991) 39).Google Scholar

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