Luxembourg's Constitution and EU Integration

peer reviewed ; 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... Mehr ...

Verfasser: Gerkrath, Jörg
Dokumenttyp: book part
Erscheinungsdatum: 2018
Verlag/Hrsg.: Hart
Schlagwörter: ‘Consensus democracy’ - Constitutional monarchy - EU citizens - Frontier workers – ‘Higher Law’ - Independent state - Legal pragmatism - ‘Luxembourgish social model - Monism – Primacy – Referendum - / Law / criminology & political science / Public law / Droit / criminologie & sciences politiques / Droit public
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-27132905
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://orbilu.uni.lu/handle/10993/23647

peer reviewed ; 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.