Dignity, Exceptionality, Trust. EU, Me, Us

Abstract

The German Federal Constitutional Court (GFCC) in late 2015 delivered a decision on the European Arrest Warrant (EAW). With it, the GFCC further elaborated its trademark doctrine on the constitutional-identity review of EU law’s application in Germany, introducing human dignity as another yardstick. In this article, I critically reassess the merits and implications of this doctrinal development, in particular for the relationship between the GFCC and the Court of Justice of the European Union (CJEU) and for the EU law-national law dynamic in general. Human dignity; German Federal Constitutional Court; European Arrest Warrant; constitutional-identity review; Court of Justice