German Commercial Law Essay Example | Topics and Well Written Essays - 1500 words

German Commercial Law - Essay Example he similarities and difference between the European Court of Justice and German Federal Constitutional Court as far as the interpretation of legal issues in general including European arrest warrant case in particular. There are several similarities in interpretation of European law by European Court of Justice and German Federal Constitutional Court in commerce and basic law aspects (Dannemann, 1993). This is reflected in the amendments made to German civil codes in pursuance with the European law (Raymond Youngs, 2002). However, in some specific matters, there arises a clash between the two legal agencies. It is argued that the exclusive jurisdiction of European Court of Justice has been severely affected by the powers of German Federal Constitutional Court as provided by the German constitution (Alter, Karen, 1996). This led to interference of German Parliament in interpretation of German law or European law. Even in several occasions it was felt that the basic law of Germans is quite differently interpreted by the two legal authorities. For example, in one of the important case, the Federal Constitutional Court of Germany discusses the merits of party’s complaint in the context of Article 38(1) of the Basic Law3, and opined that only this provision gives him standing. The judgment gave more support to interpretation of German federal constitutional court especially in European arrest warrant case. Hence it was postulated that while interpreting the basic law’s applicability, the court should not only see the provisions of Europen court of justice but also consider the provisions of German federal constitutional court. European court of justice would look in to the general issues of citizens of all the member countries (Vermeulen and Sanders, 1998). There is a feeling that Bundestag is limited in its powers due to the fact that Germany is a member of the European Union4, which has its own legislation. However that loss is compensated by Germanys