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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Article |
Karlsruhe v. LisbonAn Overture to a Constitutional Dialogue from an Estonian Perspective |
Journal | European Journal of Law Reform, Issue 3-4 2010 |
Keywords | constitutional dialogue, Karlsruhe decision, supranationalism |
Authors | Tanel Kerikmae and Katrin Nyman-Metcalf |
Abstract |
Article |
Good Governance |
Journal | European Journal of Law Reform, Issue 1-2 2010 |
Keywords | international cooperation, state administration, substate-level administration, steering non-governmental bodies, principles of Human-Rights-and-Rule-of-Law, democracy structures, procedures and manpower of administration |
Authors | Prof. Dr. Ulrich Karpen |
AbstractAuthor's information |
“Good Governance” is a term used worldwide to measure, analyse and compare, mainly quantitatively and qualitatively, but not exclusively, public governments, for the purpose of qualifying them for international developmental aid, for improving government and administration domestically, etc. |
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