Contribution to collective works (Parts of books)
Luxembourg's Constitution and EU Integration
Gerkrath, Jörg
2018In Griller, Stefan; Claes, Monica; Papadopoulou, Lina (Eds.) Member States' Constitutions and EU Integration
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Keywords :
‘Consensus democracy’ - Constitutional monarchy - EU citizens - Frontier workers – ‘Higher Law’ - Independent state - Legal pragmatism - ‘Luxembourgish social model - Monism – Primacy – Referendum -
Abstract :
[en] Luxembourg is a well-integrated member state whose EU membership relies however on poorly developed constitutional foundations. This is yet to be changed by a major constitutional overhaul that is expected to come to an end in 2018. Three patterns must be born in mind to understand the country’s constitutional culture: the Constitution had been somewhat forgotten, its political system functions according to the idea of a ‘consensus democracy’ and its leading political principle is pragmatism. The only limit to further steps of EU integration is the requirement of a 2/3 majority within Parliament in order to approve any competence transferring treaty. I the pure monistic tradition the domestic legal order is conceived in a way to avoid conflicts with international or EU law. EU norms enjoy full primacy even vis-à-vis constitutional rules.
Disciplines :
Public law
Author, co-author :
Gerkrath, Jörg  ;  University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit
External co-authors :
no
Language :
English
Title :
Luxembourg's Constitution and EU Integration
Publication date :
2018
Main work title :
Member States' Constitutions and EU Integration
Editor :
Griller, Stefan
Claes, Monica
Papadopoulou, Lina
Publisher :
Hart, Oxford, United Kingdom
Peer reviewed :
Peer reviewed
Available on ORBilu :
since 17 January 2016

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