EU Law, Constitutional Identity, and Human Dignity: A Toxic Mix?

Abstract

This paper examines the Bundesverfassungsgericht’s decision (BVerfG) in Mr R on the relationship between German constitutional law and EU law. The case concerned an extradition under the European Arrest Warrant (EAW) and the Court found a violation of human dignity as protected by the German constitution. Some creatures release toxins when threatened and as Paracelsus explained dosis sola facit venenum, the dose alone makes the poison. While this quote is related to toxicology, it is equally relevant to the judgment. The, therefore, paper first describes the relevant facts of the judgment and the threatening environment which may have contributed to this reaction of the Court. Then, the paper highlights the venomous qualities of the BVerfG’s judgment and how it effects the body of EU law. Finally, the treatment of mutual trust and acte clair will be analysed, before it will be shown that if used in the right dosage the judgment might help curing some illnesses of the current human rights protection in the EU.