The application of the Charter of Fundamental Rights of the EU by the German Federal Constitutional Court with references to the other federal courts

URN to cite this document:: urn:nbn:de:bvb:355-epub-450083
DOI to cite this document:: 10.5283/epub.45008

Cerny, Lukas ; Arnold, Rainer

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Date of publication of this fulltext: 01 Mar 2021 08:58

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Abstract

The German Federal Constitutional Court (FCC) applies the Charter of Fundamental Rights of the EU (ChFR) if German law is “determined” by EU law. The interpretation of article 51.1 ChFR which regulates the applicability of the ChFR is narrower than that of the Court of Justice of the EU. The FCC which has recognized, with some reservations, the primacy of supranational over national ...