This research undertakes a comparative analysis of the constitutional limitations and freedoms of France and Germany in regard to the establishment of the European Security and Defence Union. Integration in a sensitive policy-field will certainly lead to political debates, but where are the limits of national constitutions to this process? Which constitutional legal conditions are imposed when the conferral of substantive competences that touch the structural sovereignty of a state to the Union is required? What are the differences and similarities in the national constitutions of Germany and France for the conferral of powers to the Union?
Allowing to explore these and other questions, the constitutional law is analysed and in a subsequent discussion, the findings of the analysis is assessed to identify provisions restricting or facilitating further integration. These crucial provisions are evaluated and a potential path for overcoming the restricting laws is deduced. France and Germany have different constitutional provisions and requirements, which allow for the establishment of a common European Security and Defence Union. Both constitutions also set high hurdles for the conferral of sovereign powers to the Union and limit the abilities of a common Defence policy.
Seen against this background, the conclusion of international agreements appears to be first steps of an incremental approach to reach a common policy. The most promising avenue for future research could be the employment of comparative legal research methodology applied to multiple legislations in order to check for their mutual compatibility in certain policy areas. This approach allows for the identification of likely expectations of future development in this policy area.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Case selection
- Background
- Research problem
- Research design
- Methodology
- National constitutional law and EU law in defence policy
- EU law, national constitutional law and the hierarchy of norms
- The limits of European integration in defence matters
- Hard limits or flexible provisions?
- Constitutional Amendments
- Differentiated integration
- Conclusion
- Bibliography
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This research aims to analyze the constitutional limitations and freedoms of France and Germany concerning the establishment of the European Security and Defence Union. By comparing the national constitutional provisions of both countries, the research explores the extent to which they restrict or facilitate further European integration in the sensitive area of defense and security policy.
- Analyzing the compatibility of European integration in defense and security matters with German and French constitutional law.
- Identifying the limitations and freedoms imposed by national constitutions on the conferral of powers to the Union.
- Examining the differences and similarities in the constitutional provisions of Germany and France regarding the conferral of powers to the Union.
- Assessing the potential paths for overcoming restrictions imposed by national constitutional law.
- Exploring the implications of the creation of a European Security and Defence Union on the relationship between national constitutional law and EU law.
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter sets the stage for the research, outlining the key issues and research question. It explains the selection of France and Germany as case studies due to their influential role within the Union and their commitment to advancing cooperation in military and security policy areas.
- Case selection: This chapter delves into the historical background of France and Germany, highlighting their different approaches to military and security matters. It further analyzes the legal systems of both countries, focusing on their respective constitutional courts and their stances on the hierarchy of norms between national and EU law.
- National constitutional law and EU law in defense policy: This chapter examines the relationship between national constitutional law and EU law, particularly in the context of defense and security policy. It explores the challenges of balancing national sovereignty with the need for further European integration in this sensitive policy area.
- The limits of European integration in defence matters: This chapter investigates the limitations imposed by national constitutional provisions on the process of European integration in the area of defense and security policy. It analyzes key provisions that may restrict the conferral of powers to the Union in this field.
- Hard limits or flexible provisions?: This chapter examines the different approaches to constitutional constraints on European integration. It investigates whether these limitations are absolute "hard limits" or more flexible provisions that allow for different interpretations and adjustments.
Schlüsselwörter (Keywords)
This research focuses on the interplay of European integration, security and defense policy, national constitutional law, and EU law. Key themes include the conferral of powers, limitations on sovereignty, the hierarchy of norms, and the role of national constitutional courts in shaping the process of European integration. The research explores the potential for a European Security and Defence Union, considering the legal and constitutional challenges involved.
- Quote paper
- Kristen Feiter (Author), 2019, Legal Compatibility of European Integration in Security and Defence matters with German and French Constitutional Law, Munich, GRIN Verlag, https://www.grin.com/document/512522
