Importance Of International Law

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Germany Unlike the United Kingdom, Germany has a written constitution, the Grundgesetz. With this Germany take a dualist approach to reception of international law, Article 25 of the Basic Law of the Federal Republic of Germany states: “The general rules of international law shall be an integral part of federal law. They shall take precedence over laws and directly create rights and duties for the inhabitants of the federal territory.” Articles 24 and 25 of the Grundgesetz allow for the transfer of sovereign powers and the primacy of international law respectively which would suggest that Germany accepts the absolute sovereignty of EU law and the power of the ECJ. Article 23 allows for the intervention of the German Parliament, the Bundestag and Bundesrat, when approving the transfer of sovereignty: “The Bundestag and the Bundesrat shall have the right to bring an action before the Court of Justice of the European Union to challenge a legislative act of the European Union for infringing the principle of subsidiarity” . Once international law is integrated in to German national law, then it is of the same priority as the Grundgesetz however the German courts also recognise that later law prevails. Therefore International law could potentially be overruled by later national legislation. The upmost court in the German legal system is the Federal Constitutional Court (“FCC”) it has supreme constitutional position within the state, the main task of this court is judicial review. It has the power to declare decisions as unconstitutional therefore null and void. The FCC refused to recognise the supremacy of EU law at first. In the case of internationale Handelsgesellschaft ‘solange I’ saw the FCC reject the community law and instead ch... ... middle of paper ... ...y’s national constitution allows for the integration of international policy however the policy must first be internally approved in order for the transfer of sovereignty to take place. Initially Germany rejected EU law because of its incompatibility with the Grundesetz. Though as of late Germany have become more acceptant of EU law and see it as a floor of rights consistent with the Grundesetz, protecting its citizens and the interests of the state. France accommodated the stipulations of EU law within their ordinary courts very quickly and their administrative saw the benefits of complying with EU regulations eventually. Though France reserves the right of non-compliance with any treaties it deems to not be fairly administered across the EU France seems to have a very accommodating approach towards the integration of EU law in to their national constitutional law.
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