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16 Cards in this Set
- Front
- Back
What is the name of the German constitutional court? |
Bundesverfassungsgericht (BVerfG) |
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The BVerfG's main responsibility is to review German constitutional law, known as |
Basic Law |
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What are the four ways the BVerfG can become entangled in EU legal debates |
1. National courts refer cases or cons. questions 2. Hears individual constitutional complaints 3. Disputes between state and federal govern. 4. Legislation referred to be state and federal governments |
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Debate in the BVerfG started following signing of the EEC treaty, BVerfG found EC to be constitutional where? |
1. Basic law states that the German government may "transfer sovereign powers to intergovernmental institutions through legislation" 2. Following from Article 24, 25 states international law is an "integral part of federal law" |
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Up until the 1970s BVerfG in agreement with ECJ, however after this.. |
BVerfG expresses "deep misgivings about the compatibility of the EU treaties with German basic law" |
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This started with what two cases of the same name? |
Solange l - no supremacy over German basic law Solange ll -reaffirmed it's position but allows for European protections of fundamental rights be applied in Germany, but BVerfG has power to review it's compatibility |
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1980s showed a warming of the BVerfG to the ECJ, true/false? and How? |
True - by establishing that national courts had an obligation to refer questions regarding European law to the ECJ |
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What treaty of 1993 changes this? |
Maastricht treaty |
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BVerfG establishes limits on..? |
Constitutional power that can be transferred to the EU |
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BVerfG 2000 decision which reevaluates it's Maastricht decision? |
Bananas decision - casts doubt on the EU ever infringing on German fundamental rights and expresses that it will only consider such cases where it is explicitly shown that is has. Reaffirming solange decision |
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Implementation of European Arrest Warrent causes trouble and conflicts with basic law |
German basic law allows for the extradition of a citizen within the EU subject to rule of law, BVerfG finds EAW to be incompatible with this and implements a case by case review for each application.
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ECB causes further issues with implementation of? |
Outright Monetary Transactions (OMT) |
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OMT allows ECB to do what |
To make unlimited purchases of states sovereign debt once it has asked for assistance |
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This was surprising following Honeywell decision why? |
Because BFervG had stated that ECJ should be given the change to interpret the relevant provisions of EU law before the BVerfG could examine it |
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What does the BVerfG argue is wrong with OMT? |
That is is outside the role of the ECB as it falls under economic rather than monetary matters and is an Ultra Vires actG |
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What percentage of ECB is made up of German capital? |
20% |