How To Make Courts Refer Cases Even If They Don’t Want To
How do you translate „Europäischer Verfassungsgerichtsverbund„? This humungous term is a creation of Andreas Voßkuhle, the president of the FCC. It denotes the joint effort of the FCC, the ECJ and the ECHR to cooperate and respect each other’s contribution to European right protection. Today’s decision by the FCC (First Senate) seems to be a paragon of what this „Verfassungsgerichtsverbund“ means in practice: A financial court had doubts about the constitutionality of a law about government aids. It called upon the FCC to decide about that issue according to Art. 100 I GG. The thing was, the contested part of ... continue reading
