Constitutional Identity and Ultra Vires Review in Germany

  • Sven Simon Department of Public International Law and European Law, Philipps-Universit├Ąt Marburg
Keywords: constitutional identity, ultra vires review, Germany, EU law, Bundesverfassungsgericht, CJEU


This article aims to provide insight into the relationship between constitutional identity and ultra vires review in Germany. First, a brief introduction is provided on the issue of the relationship between EU law and national law, then the diverging grounds for validity are presented concerning the interpretation of the CJEU and of the German Federal Constitutional Court. After the detailed analysis of the German case law, limits of a national reservation are scrutinised. In the end, a conclusion is drawn up.