European Journal of Law Reform

Artikel

Karlsruhe v. Lisbon

An Overture to a Constitutional Dialogue from an Estonian Perspective

Keywords constitutional dialogue, Karlsruhe decision, supranationalism
Authors Tanel Kerikmae en Katrin Nyman-Metcalf

109326 Tanel Kerikmae

109328 Katrin Nyman-Metcalf
  • Abstract

      The article uses the 2009 decision of the German Constitutional Court on the Lisbon Treaty as a basis for an analysis of the relationship between EU law and Member State law, especially Member State constitutions. The authors argue that an uncritical openness of Member States to supremacy of EU law and the interpretations made of it by the European Court of Justice is not necessary but rather an analytical attitude towards the development of EU with active legal argumentation to protect the rule of law – a deliberative supranationalism. A constitutional dialogue between Member States and the EU is the best protection and promoter of rule of law. The constitutional discussions in Estonia are used as an illustration of the balancing of national constitutional principles and supremacy or EU law.

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