Constitutional comparativism in action. The example of general principles of EU law and how they are made--a German perspective

Abstract

This article deals with constitutional comparativism in action. In contrast to a US view which considers constitutional comparativism to be futile, the law of the European Union explicitly relies on comparison as the core issue of general principles of EU (constitutional) law. The case law of the Court of Justice of the European Union (CJEU) includes constitutional law comparisons that matter. This article deals with questions such as whether the comparative efforts lead to better law, whether they are only subjective views in disguise, and how the CJEU model of comparative constitutionalism in action affects players and their perspectives in the member states. The answers will help to better understand the potential and the limits of comparative constitutionalism.