Resisting the European Court of Justice West Germany's Confrontation with European Law, 1949–1979

Author: Bill Davies
Publisher: Cambridge University Press
ISBN: 9781107024533
Published In: June 2012
Format: Hardback , 268 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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The European Union's (EU) 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 Treaty 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? How did a country who could not say 'no' to Europe become the member state most reluctant to accept the new power of the ECJ?

• Includes completely new and unseen archive material

• Revises the existing historical narratives of European integration

• Examines how a state whose constitution was so essential to its self-understanding began subscribing to the constitutional practice of EU law

Preface	ix
Acknowledgments	xi
List of Abbreviations	xiii
List of Archives Consulted	xv
List of Cases	xvii
Texts of Often Mentioned Constitutional Articles	xix
1. Between Sovereignty and Integration: West Germany, European Integration, and the Constitutionalization of European Law	1
Between Sovereignty and Integration: West Germany and Europe	7
Explaining the ECJ’s Success? The Integration through Law Paradigm	19
The Constitutional Narrative: The ECJ and FCC in Judicial Dialogue	21
Resisting the ECJ: The Plan of the Book	40
2. Conditional Acceptance or Accepted Condition? West German Legal Academia and the Constitutionalization of European Law, 1949–1979	46
Introduction	46
The Erlangen Era, 1949–1963: How and When to Transfer Sovereignty? The Origins of Structural Congruence	53
The Bensheim Era, 1963–1969: Competing Visions – Supranationalists versus the Mainstream	64
The Solange Era, 1970–1974: Finding a Middle Path? Structural Congruence, Solange, and Basic Rights Protection	78
Summary	88
3. National versus Supranational: West German Public Opinion toward the Constitutionalization of European Law, 1949–1979	92
Introduction	92
Public Opinion, Europe, and West Germany	93
The West German Mediascape	97
Crestfallen, 1949–1963: Dashed Hopes for a United Europe	100
Coming to Terms, 1963–1969: The Success and Failings of the ECJ	110
Making the Comparison, 1970–1974: National versus Supranational	121
Summary	134
4. Competition and Authorities: The West German Government’s Response to the Constitutionalization of European Law, 1949–1979	138
Foundations, 1949–1963: Locking in European Integration	146
Generational Shifts, 1963–1969: Disinterest and Social Change	159
Distraction and Division, 1969–1974: Brandt, Schmidt, and Solange	169
Summary	176
5. Dealing with the Fallout: German and European Responses to the Solange Decision	180
Revisiting the Academic and Media Response, 1974–1976	185
The Solange Standoff Part One: Government against the Commission	186
The Solange Standoff Part Two: Government against the FCC	190
The Reischl Compromise: The 1977 Joint Declaration and Beyond	192
Epilogue: To Accede or Not to Accede?	199
Conclusion: Legal Integration in Europe, the United States, and Beyond	201
Bibliography	225
Index	239