Title: Luxembourg's Constitution and EU Integration
Author, co-author: Gerkrath, Jörg
Abstract: 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.
Author, co-author: Gerkrath, Jörg
Abstract: 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.