Developments in The EU-German Judicial Love Story: The Right To Be Forgotten II
The relationship between the Court of Justice and the Bundesverfassungsgericht is perhaps one of the most explored relationships in all of EU’s legal history. In attempting to understand and operationalize the uncertainty surrounding the positioning between EU and national constitutional orders, the...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2020-03-01
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832220000152/type/journal_article |
| _version_ | 1827994750046699520 |
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| author | Ana Bobić |
| author_facet | Ana Bobić |
| author_sort | Ana Bobić |
| collection | DOAJ |
| description | The relationship between the Court of Justice and the Bundesverfassungsgericht is perhaps one of the most explored relationships in all of EU’s legal history. In attempting to understand and operationalize the uncertainty surrounding the positioning between EU and national constitutional orders, they have in some respects followed the footsteps of a typical life-long love story: in the early years of European integration, both courts appeared to be in denial of any romance, and entered into a conflict over the question of the final arbiter; they subsequently turned to flirting by moving away from an institutionally based conflict towards finding a common substantive ground; which resulted in finally abandoning the competition for domination, but rather embracing mutual respect and a heterarchical relationship. This brief piece follows these developments in fundamental rights review that for now end with the second German decision concerning the right to be forgotten. |
| first_indexed | 2024-04-10T04:45:48Z |
| format | Article |
| id | doaj.art-1e63e73e49254b6da2ba3d25da26f597 |
| institution | Directory Open Access Journal |
| issn | 2071-8322 |
| language | English |
| last_indexed | 2024-04-10T04:45:48Z |
| publishDate | 2020-03-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj.art-1e63e73e49254b6da2ba3d25da26f5972023-03-09T12:35:17ZengCambridge University PressGerman Law Journal2071-83222020-03-0121313910.1017/glj.2020.15Developments in The EU-German Judicial Love Story: The Right To Be Forgotten IIAna Bobićhttps://orcid.org/0000-0002-8271-1986The relationship between the Court of Justice and the Bundesverfassungsgericht is perhaps one of the most explored relationships in all of EU’s legal history. In attempting to understand and operationalize the uncertainty surrounding the positioning between EU and national constitutional orders, they have in some respects followed the footsteps of a typical life-long love story: in the early years of European integration, both courts appeared to be in denial of any romance, and entered into a conflict over the question of the final arbiter; they subsequently turned to flirting by moving away from an institutionally based conflict towards finding a common substantive ground; which resulted in finally abandoning the competition for domination, but rather embracing mutual respect and a heterarchical relationship. This brief piece follows these developments in fundamental rights review that for now end with the second German decision concerning the right to be forgotten.https://www.cambridge.org/core/product/identifier/S2071832220000152/type/journal_articleconstitutional reviewfundamental rights reviewjudicial interactions in the EUEU constitutional lawcomparative constitutional law |
| spellingShingle | Ana Bobić Developments in The EU-German Judicial Love Story: The Right To Be Forgotten II German Law Journal constitutional review fundamental rights review judicial interactions in the EU EU constitutional law comparative constitutional law |
| title | Developments in The EU-German Judicial Love Story: The Right To Be Forgotten II |
| title_full | Developments in The EU-German Judicial Love Story: The Right To Be Forgotten II |
| title_fullStr | Developments in The EU-German Judicial Love Story: The Right To Be Forgotten II |
| title_full_unstemmed | Developments in The EU-German Judicial Love Story: The Right To Be Forgotten II |
| title_short | Developments in The EU-German Judicial Love Story: The Right To Be Forgotten II |
| title_sort | developments in the eu german judicial love story the right to be forgotten ii |
| topic | constitutional review fundamental rights review judicial interactions in the EU EU constitutional law comparative constitutional law |
| url | https://www.cambridge.org/core/product/identifier/S2071832220000152/type/journal_article |
| work_keys_str_mv | AT anabobic developmentsintheeugermanjudiciallovestorytherighttobeforgottenii |