Eu Law Exam

Front 1

What is the name of the German constitutional court?

Back 1

Bundesverfassungsgericht (BVerfG)

Front 2

The BVerfG's main responsibility is to review German constitutional law, known as

Back 2

Basic Law

Front 3

What are the four ways the BVerfG can become entangled in EU legal debates

Back 3

1. National courts refer cases or cons. questions

2. Hears individual constitutional complaints

3. Disputes between state and federal govern.

4. Legislation referred to be state and federal governments

Front 4

Debate in the BVerfG started following signing of the EEC treaty, BVerfG found EC to be constitutional where?

Back 4

1. Basic law states that the German government may "transfer sovereign powers to intergovernmental institutions through legislation"

2. Following from Article 24, 25 states international law is an "integral part of federal law"

Front 5

Up until the 1970s BVerfG in agreement with ECJ, however after this..

Back 5

BVerfG expresses "deep misgivings about the compatibility of the EU treaties with German basic law"

Front 6

This started with what two cases of the same name?

Back 6

Solange l - no supremacy over German basic law

Solange ll -reaffirmed it's position but allows for European protections of fundamental rights be applied in Germany, but BVerfG has power to review it's compatibility

Front 7

1980s showed a warming of the BVerfG to the ECJ, true/false? and How?

Back 7

True - by establishing that national courts had an obligation to refer questions regarding European law to the ECJ

Front 8

What treaty of 1993 changes this?

Back 8

Maastricht treaty

Front 9

BVerfG establishes limits on..?

Back 9

Constitutional power that can be transferred to the EU

Front 10

BVerfG 2000 decision which reevaluates it's Maastricht decision?

Back 10

Bananas decision - casts doubt on the EU ever infringing on German fundamental rights and expresses that it will only consider such cases where it is explicitly shown that is has. Reaffirming solange decision

Front 11

Implementation of European Arrest Warrent causes trouble and conflicts with basic law

Back 11

German basic law allows for the extradition of a citizen within the EU subject to rule of law, BVerfG finds EAW to be incompatible with this and implements a case by case review for each application.

Front 12

ECB causes further issues with implementation of?

Back 12

Outright Monetary Transactions (OMT)

Front 13

OMT allows ECB to do what

Back 13

To make unlimited purchases of states sovereign debt once it has asked for assistance

Front 14

This was surprising following Honeywell decision why?

Back 14

Because BFervG had stated that ECJ should be given the change to interpret the relevant provisions of EU law before the BVerfG could examine it

Front 15

What does the BVerfG argue is wrong with OMT?

Back 15

That is is outside the role of the ECB as it falls under economic rather than monetary matters and is an Ultra Vires actG

Front 16

What percentage of ECB is made up of German capital?

Back 16

20%