The Dilemma of the Presumptuous Watchdog: Constitutional Identity in the Jurisprudence of the German Federal Constitutional Court

Graser, Alex (2023) The Dilemma of the Presumptuous Watchdog: Constitutional Identity in the Jurisprudence of the German Federal Constitutional Court. In: Common Values and Constitutional Identities. Studies of the Central European Professors' Network (9). CEA Publishing, Miskolc, Budapest, pp. 13-49. ISBN 9786156474308; 9786156474315; 9786156474322

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Abstract

This article deals with the jurisprudence of the German Federal Constitutional Court relating to European integration. It provides a condensed account of this jurispru- dence, from its beginnings half a century ago, to the present; it also sets out the doc- trinal standards as developed by the court, and explains their interaction with both their textual bases in the German Basic Law and the procedural law of constitutional review. The main analytical ambition of the article is to make sense of this devel- opment, and it tries to do so by reference to the court’s – changing and presumably fading – role as a central actor in shaping European integration

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