AUC IURIDICA

AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

The published articles are subject to peer reviews. If necessary, reviewed texts are sent back to the author for revision.

AUC Iuridica accepts contributions from any contributor on any current legal topic.

The journal is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries).

The journal is archived in Portico.

AUC IURIDICA, Vol 64 No 4 (2018), 65–77

The application of the Charter of Fundamental Rights of the EU by the German Federal Constitutional Court with references to the other federal courts

Rainer Arnold, Lukas Cerny

DOI: https://doi.org/10.14712/23366478.2018.34
announced: 04. 01. 2019

abstract

The German Federal Constitutional Court (FCC) applies the Charter of Fundamental Rights of the EU (ChFR) if German law is “determined” by EU law. The interpretation of article 51.1 ChFR which regulates the applicability of the ChFR is narrower than that of the Court of Justice of the EU. The FCC which has recognized, with some reservations, the primacy of supranational over national constitutional law maintains its concept of constitutional identity defined according to the intangibility clause of article 79.3 Basic Law (BL). If human dignity (article 1 BL and the fundamental State structures as enumerated by article 20 BL) are concerned, the FCC does not apply the ChFR regardless of article 51.1FCh but the identity concept. Overall, the references of the FCC to the ChFR are relatively scarce.

keywords: constitutional identity; application of the Charter of Fundamental Rights of the EU; primacy of supranational law; human dignity; intangibility clause; fundamental State structures

Creative Commons License
The application of the Charter of Fundamental Rights of the EU by the German Federal Constitutional Court with references to the other federal courts is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
published: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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