EU Law, Constitutional Identity, and Human Dignity: A Toxic Mix?

10 Pages Posted: 20 Sep 2016

See all articles by Julian Nowag

Julian Nowag

Lund University - Faculty of Law; Oxford Centre for Competition Law and Policy

Date Written: June 10, 2016

Abstract

This paper examines the Bundesverfassungsgericht’s decision (BVerfG) in Mr R on the relationship between German constitutional law and EU law. The case concerned an extradition under the European Arrest Warrant (EAW) and the Court found a violation of human dignity as protected by the German constitution. Some creatures release toxins when threatened and as Paracelsus explained dosis sola facit venenum, the dose alone makes the poison. While this quote is related to toxicology, it is equally relevant to the judgment. The, therefore, paper first describes the relevant facts of the judgment and the threatening environment which may have contributed to this reaction of the Court. Then, the paper highlights the venomous qualities of the BVerfG’s judgment and how it effects the body of EU law. Finally, the treatment of mutual trust and acte clair will be analysed, before it will be shown that if used in the right dosage the judgment might help curing some illnesses of the current human rights protection in the EU.

Keywords: EU Law, European Arrest Warrant, Supremacy, German Consitutional Law, Human Dignity, Solange Judgment, Primacy of EU Law

Suggested Citation

Nowag, Julian, EU Law, Constitutional Identity, and Human Dignity: A Toxic Mix? (June 10, 2016). Common Market Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2840473 or http://dx.doi.org/10.2139/ssrn.2840473

Julian Nowag (Contact Author)

Lund University - Faculty of Law ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden

Oxford Centre for Competition Law and Policy ( email )

St Cross Building
St Cross Road Oxford
Oxford, OX1 3UL
United Kingdom

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