Solange I
FACTS
Internationale Handelgesellschaft – asked German Constitutional Court to say that their rights had been
violated.
ISSUE
was it a taking under German Basic Law?
RULES/DICUSSION
Interpreting the German Constitution is the job of the German Constitutional Court
-It said that so long as there are no provisions re fundamental rights in EC law, and until there are those
established under democratic regime, German fundamental rights would still prevail
-Basically says that nat’l court can’t invalidate EC law, but if contrary to fundamental rights in German
Constitution that law will not be valid in Germany as long as there is no settled catalogue of rights equal
to Germany’s.
FACTS
Internationale Handelgesellschaft – asked German Constitutional Court to say that their rights had been
violated.
ISSUE
was it a taking under German Basic Law?
RULES/DICUSSION
Interpreting the German Constitution is the job of the German Constitutional Court
-It said that so long as there are no provisions re fundamental rights in EC law, and until there are those
established under democratic regime, German fundamental rights would still prevail
-Basically says that nat’l court can’t invalidate EC law, but if contrary to fundamental rights in German
Constitution that law will not be valid in Germany as long as there is no settled catalogue of rights equal
to Germany’s.
No comments:
Post a Comment