Suchergebnisse

Monitoring the constitutionality of laws in Finland – Political control rather than judicial control – Understanding why requires a study of historical layers – Evidence that at several historical points certain elemental choices were locked in – Resulting difficulties in later abolishing or changing patterns – Interactive relationship between the political and the legal – Finland's constitutional past still circumscribes the role of the judiciary in constitutionality control ; Peer reviewed

Writers on the constitutional aspect of the Vichy régime in France have now shifted the focus of their attention. In the beginning they were concerned almost exclusively with the study of how far the Constitutional Law of July 10, 1940, did or did not square with the constitution of the Third Republic. Later publications broached the question as to whether, assuming the legitimacy of the Constitutional Law of July 10, 1940, Marshal Pétain's government, by its actions under the cover of that Enabling Act, had remained within the scope of the authority conferred by that measure. Pierre Tissier, the author of the most comprehensive published study of the Vichy régime, argues that for a correct construction of the Enabling Act the ratification "by the nation" of the new constitution must be considered as a condition precedent, in the technical meaning of that term, rather than as a condition subsequent. He further points out that since this refers to a temporary change of the constitution, as well as to a permanent one, the pretended and self-styled "constitutional acts" of Marshal Pétain, even though he himself ascribed to them only an interim character, were merely "so many coups de force." According to the same author, a comparison between the powers delegated to the Marshal by the National Assembly of Vichy and the use he made of them leads to the conclusion that his government "betrayed its own solemn engagements." Tissier charges the Marshal also with an "abuse of power." Similarly, another French author of a pertinent monograph makes the emphatic statement that the constitutional acts of the Pétain régime, "despite their name, were really abuses of power," since the mandate conferred by the National Assembly "was not—despite all that has been reported—a blank check," and the conditions for putting into effect any constitutional act have so far not been met.

Relationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Supremacy of Community law — Conflict between Community legislation and subsequent national law — Whether ordinary courts under automatic duty not to apply conflicting national provision — Principle that full effectiveness of Community law must be ensured — Nature of legal order established by Treaty — Basis for binding nature of Community law — Spanish Constitution, Article 93 — Whether Community law endowed with constitutional rank and forceTreaties — Effect in municipal law — EEC Treaty, 1957 — Incorporation of Community law into national legal order — Spanish Constitution, Article 96 — "Infra-constitutional" nature of Community law — Constitutional challenge to national legislation on the basis of violation of Community law — Whether 247Constitutional challenge on such basis is admissible — Whether conformity with Community legislation constituting yardstick by which to judge constitutionality of national provisions — The law of Spain

554Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Federal Republic of Germany — Constitutional review of the exercise of treaty-making power — Treaty on European Union (Treaty of Lisbon) — Compatibility with Basic Law of the Federal Republic of GermanyTreaties — Conclusion and operation — Constitutional limitations — Extension of powers of European Union — Compatibility with Basic Law of the Federal Republic following enactment of Act amending Basic Law of 8 October 2008 — Accompanying laws — Right to vote as concretization of principle of democracy — Whether providing satisfactory constitutional basis for ratification of Federal Republic of Treaty of Lisbon — Whether membership in EU violating Articles 20, 23, 38 and 79(1) of Basic Law — Scope of permissible transfer of sovereignty to community institutions — Requirement that Member States must retain sufficient space for the political formation of the economic, cultural and social living conditions — Condition that national parliaments should retain substantial level of authority — Openness to integration in EU — Responsibility for integrationJurisdiction — Whether Acts of community institutions are subject to national constitutional review to ensure that their powers are not exceeded — Ultra vires review — Review of core of identity of national constitution — No absolute primacy of application of EU law — Application by virtue of national empowermentInternational organizations — European Union — Powers — Extension of powers by Treaty — Lisbon Treaty — Whether European Union developing into federal State — Loss of statehood of Federal Republic — Member States as masters of the treaties — Principle of conferral — Whether Treaty of Lisbon granting Union competence to determine or extend its own powers — Principle of subsidiarity — Association of sovereign national States — Whether membership in EU irreversibleTreaties — Simplified revision procedure — Bridging clauses — Flexibility clause — Requirement of Act by German legislative bodies — Democratic responsibility — Responsibility of integration — Principles for the exercise of some newly transferred competences — Criminal law and the military — Democratically especially sensitive areas555International organizations — European Community — Institutions — European Parliament — Council — Commission — Whether fundamental principle of democratic legitimacy in Federal Republic undermined by Treaty of Lisbon — Democratic legitimacy of community institutions — Method of election by citizens of Member State — The law of the Federal Republic of Germany

353Treaties — Effect in municipal law — EEC Treaty, 1957 — Legislation enacted by EEC institutions — Status under municipal law — RegulationsRelationship of international law and municipal law — Treaties — Effect in municipal law — EEC Treaty, 1957 — Nature of legal order established by TreatyTreaties — Conclusion and operation — Constitutional limitations — Acts of institutions established by EEC Treaty — Whether subject to constitutional review by municipal courtsInternational organizations — Legal status — Powers — Regulations enacted by Council and Commission — Whether subject to constitutional review by municipal courts of Member States — The law of the Federal Republic of Germany

Treaties — Conclusion and operation — Constitutional limitations — Treaties with a general political character — Whether violating rights of individuals — Interpretation — Principles and rules — Political and historical background and aim of treaty decisive for its interpretation — Clear and unambiguous language in treaty essential for creation of legal rights and obligationsRelationship of international law and municipal law — Treaties — Whether creating directly applicable rights and obligations for individuals — Requirement that treaty make express and clear provision for such rights and obligationsStates — Continuity of States — Status of Germany after 1945 — Status of Eastern territories — Questions reserved for final peace settlement — Effect of Moscow Treaty between Federal Republic 177of Germany and Union of Soviet Socialist Republics, 1970, and Warsaw Treaty between Federal Republic of Germany and People's Republic of Poland, 1970, concerning the Basis for the Normalization of their Mutual Relations — Sovereignty and independence — In foreign relations — Power of courts to review exercise of treaty-making power by executive — Treaties with a general political characterState responsibility — For interference with property rights — Duty of Federal Republic of Germany to protect property rights of its nationals — Whether conclusion of Moscow and Warsaw Treaties violates duty of Federal Republic to provide diplomatic protection for its citizensTerritory — Effects of changes of sovereignty — Legal status of Germany after 1945 — Legal status of Eastern territories — Consequences of Moscow and Warsaw Treaties, 1970 — Occupation of foreign territory in time of peace — Status of German Eastern Territories — Effect of Moscow and Warsaw Treaties, 1970 — The law of the Federal Republic of Germany

States as international persons — In general — Sovereignty and independence — In foreign relations — Conclusion of "EastTreaties" in 1970 between Federal Republic of Germany, Poland and USSR for normalization of relations — Individuals claiming that constitutional rights impaired by treaties — Action for temporary injunction to postpone entry into force pending final court decision — Power of Federal Constitutional Court to override elected political organs — Requirement of compelling reasons in the public interest — The law of the Federal Republic of GermanyTreaties — Conclusion and operation of — Ratification — Entry into force — Action for temporary injunction to postpone entry into force — Individuals claiming that constitutional rights impaired by treaties — Conditions for issue of injunction — Power of Federal Constitutional Court to override elected political organs — Requirement of compelling reasons in the public interest — "East-Treaties" for normalization of relations between Federal Republic of Germany, Poland and USSR, 1970 — The law of the Federal Republic of GermanyTreaties — Conclusion and operation of-Constitutional limitations — Judicial review by Federal Constitutional Court — Individuals claiming that constitutional rights impaired by treaties — Action for temporary injunction to postpone entry into force of treaties pending final court judgment — Conditions for issue of injunction — Power of Constitutional Court to override elected political organs — Requirement of compelling reasons in the public interest — "East-Treaties" for normalization of relations between Federal Republic of Germany, Poland and USSR, 1970 — The law of the Federal Republic of Germany