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2016-06-21 — telegraph.co.uk
``The ruling by the German constitutional court in Karlsruhe reiterates a long-standing position that Germany does not accept claims of judicial supremacy by the European Court of Justice (ECJ). But the wording is weaker than its explosive ruling on Lisbon Treaty in 2009 and marks a climb-down. "The court has asserted its residual right to review EU law but in practice it has submitted," said Gunnar Beck, a constitutional lawyer at the University of London, SOAS.'' Well, another take on this is that the court simply lacks an enforcement mechanism. Because the EU is a supra-state body of recent minting, no mechanism was ever put in place (let alone comprehended) to allow a national state to judicially enjoin it (order it to do something or stop it from doing something). So the German Constitutional Court's rulings are exactly what you'd expect: a fairly hard line on constitutional limits to the EU's actions, but no word on enforcement mechanism to constrain the EU -- because none exist. In other words, it is up to the people themselves, watching this judicial tête-à -tête, to come up with the enforcement themselves (either politically or through civil activism...) source article | permalink | discuss | subscribe by: | RSS | email Comments: Be the first to add a comment add a comment | go to forum thread Note: Comments may take a few minutes to show up on this page. If you go to the forum thread, however, you can see them immediately. |