Im Labor

Beobachtungen zum Rechtstransfer anhand des Europäischen Verfassungsvertrags

Abstract

The European Constitutional Treaty and the European Charter of Fundamental Rights (Title II of the Constitutional Treaty) currently challenge the legal orders of the member states. Transfer processes are to be expected, e.g. due to the adoption of the »right to a good administration« by the European Charter of Fundamental Rights, the development of which will be presented in more detail. This paper tracks the way in which this legal principle developed from a structural condition for the granting of development aid (»good governance«) into a central category for the description of European minimum standards for government and administration. To provide some perspective, possible »reactions« by the legal orders of the member states, particularly of Germany and France, are sketched. Following up this point, considerations on the transfer of laws are pursued and a situational view of the communication among legal orders is advocated. In order to illustrate this approach, analogies between legal interactions and chemical reactions are drawn.