Friday, March 23, 2012

Solange II case brief

Solange II

Wünsche mushroom case – 1987 - importing stuff from Taiwan – there was a quota
established when mushrooms were in oversupply, but now they’re scarce (in Germany there’s lots of freedom of economy under their Basic Law)

Direct election of members of Parliament – joint declaration of institutions of EC re fundamental rights, some
changes in powers of Parliament case law favoring human rights, ECHR.
-They say they will not exercise jurisdiction anymore to rule on whether EC provisions are
unconstitutional under the German Basic Law, so long as they generally ensure an effective protection
of fundamental rights as against the sovereign powers of the Communities which is to be regarded as
substantially similar to the protection required by [our] Const.

-Federalism in Germany
-Länder complain when stuff is given up to EC that is traditionally within their jurisdictions
new Constitutional provision (Article 23 – Europa-Artikel) re Bundesrat being consulted when anything is
in Länder’s competence

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