Why has the acceptance of supremacy of EU law over national law proved a challenge for Germany?
A) Germany is a dualist country and therefore Germany has a greater difficulty than monist countries to recognise the principle of supremacy of EU law.
B) The German Federal Constitutional Court (BVerfG) wishes to guard its status as the highest court in Germany in respect of constitutional matters.
C) The BVerfG has concerns about the protection of fundamental rights in EU law and reserve to itself ultimate jurisdiction to review the validity of EU acts and, to declare any EU ultra vires act inapplicable in Germany.

Question

Quizplus · Accepted Answer

The BVerfG has expressed concerns about the protection of fundamental rights in EU law and reserves ultimate jurisdiction to review the validity of EU acts and declare any EU ultra vires act inapplicable in Germany. This has resulted in challenges to the acceptance of supremacy of EU law over national law in Germany. Germany being a dualist country has not been a major obstacle for accepting the principle of supremacy of EU law.

Why Has the Acceptance of Supremacy of EU Law Over