European Union Law

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

By Bill Davies
Cambridge University Press June 2012

Specifications

ISBN-13
9781107024533
Publisher
Cambridge University Press
Publication
June 2012
Format
Hardback , 268 pages
Jurisdiction
European Union ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Bill Davies
American University, Washington DC

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