Resisting the European Court of Justice
Subtitle: West Germany's confrontation with European law, 1949-1979
By: Bill Davies
Publisher: Cambridge University Press
Published: 2012
Place of publication: Cambridge; New York
Language: eng
Number of pages: 248
ISBN-13: 9781107024533
Subjects: Court of Justice of the European Communities; Law; Constitutional law; Conflict of laws; International unification; Jurisdiction; International and municipal law; History
Description: "The European Union's (EU's) 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 Treaties 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, which challenged precisely this aspect of its identity? How did a country that could not say 'no' to Europe become the member state most reluctant to accept the new power of the ECJ?"--Unedited summary from book cover.
Notes: Includes bibliographical references and index.