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Cover of: Strukturen in der nationalen und europäischen Verfassung
Peter M. Huber

Strukturen in der nationalen und europäischen Verfassung

Section: Beiträge zum 80. Geburtstag von Paul Kirchhof
Volume 148 (2023) / Issue 1, pp. 24-49 (26)
Published 27.03.2023
DOI 10.1628/aoer-2023-0003
Published in German.
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  • 10.1628/aoer-2023-0003
Summary
In constitutional and European law a lot, if not all, depends on captioning the fundamental structures correctly - such as rights and duties in the relationship between citizen and sovereign power, the role of the courts in the enforcement of rights, the distribution of competences between the Federation and the Länder in the federal state and with it the level of democratic legitimacy of state and supra-national action, the allocation of competences of the European Union and the protection of fundamental rights in Europe, also against EU‑institutions, as well as the control by the Court of Justice of the European Union and the constitutional and supreme courts of the Member States. A sorrow understanding of these structures is also necessary in order to preserve those fundamental structures, ward off dangers or eliminate abuses. This calls upon politicians, civil servants and judges, but also to analysts and ultimately to everyone who wants to assume responsibility for our community. Furthermore, the observance of those structures is a prerequisite for citizens in Germany and the European Union to be able to effectively influence political activities and to shape their personal and professional lives in a self-determined manner and free from discrimination.