Everything2
Near Matches
Ignore Exact
Full Text
Everything2

Solange I

created by sekicho

(idea) by sekicho (1.7 wk) (print)   ?   (I like it!) Wed Feb 18 2004 at 3:53:18

"Solange I" is the common name for the German Federal Constitutional Court's decision in Internationale Handelsgesellschaft v. Einfuhr und Vorratsstelle für Getreide und Futtermittel (BVerfGE 37, 271; 1974 2 CMLR 540), decided on May 29, 1974.

The question was a very important one for the West German government: did the "Community law" of the EC supersede the fundamental rights established in Germany's basic law? While the German constitution permitted the state to transfer sovereign powers to IGO's (article 24), the fundamental rights guaranteed in the constitution were argued to be non-transferable Solange means "as long as." The Court's decision stated that as long as the EC did not have codified fundamental rights, the German courts would continue to recognize the fundamental rights of Germany as supreme. They also maintained that German courts had the right to review all incoming legislation from the EC to ensure that it did not conflict with the same fundamental rights of German law.

The court's concern, that the EC would stifle democracy, was backed up by the fact that, back then, the EC did not have popularly elected legislators either. However, its importance cannot be underestimated: it amounted to the German government denying the absolute supremacy of Community law within the Community, and the situation was not adequately resolved for many years.

In the Solange II decision of 1986, the court partially reversed its stance, again using the "as long as" caveat to keep its powers intact. The Bananas decision of 2000 made even greater concessions to the Community.


printable version
chaos

Solange II Crinan Canal Brunner v. European Union Treaty Bundesverfassungsgericht
Basic Law caveat 1974 Germany's Life Partnership Act
West Germany Hyperinflation in Weimar Germany Bananas The Cannabis Decision (German Federal Constitutional Court)
Van Gend en Loos v. Nederlandse Administratie der Belastingen (Case 26/62)
Y'know, if you log in, you can write something here, or contact authors directly on the site. Create a New User if you don't already have an account.
  Epicenter
Login
Password

password reminder
register

Everything2 Help

Cool Staff Picks
Drink up!
Rasputin : A hard man to kill
Methods of execution
Act of Union
¡MULTIPLE ORGANISMS!
Multiplication tables
Ghost in the Shell 2: Innocence
Doctor Faustus
Tales of the Iroquois
Orson Welles
hiragana
Using Pavlovian Theory to classically condition inanimate objects
Für Elise
Nicholas II
New Writeups
Heitah
Why I love Everything2(person)
trixingee
Dungeon Mastering for the first time(idea)
Netrat0
It's Called Subtext, Honey(person)
eyeofthebeholder
The Dragon(idea)
Heitah
consist, comprise, constitute, or compose(idea)
Meezzio
Gotlandssnus(thing)
argv
Astral Plane(idea)
Madara
One Winged Angel(fiction)
Tom Rook
Talk is cheap(poetry)
shaogo
Adelle Davis(person)
Aerobe
race car g sfjsgsd(poetry)
Binah
Dream Log: July 5, 2008(dream)
StrawberryFrog
Forgotten things in space(idea)
antigravpussy
velvet revolution fairy tale(idea)
Heitah
Nerve agent VX(thing)
Everything 2 is brought to you by the letter C and The Everything Development Company