@misc{Haack_Stefan_The, author={Haack, Stefan}, howpublished={online}, publisher={Zielona Góra: Oficyna Wydawnicza Uniwersytetu Zielonogórskiego}, language={eng}, abstract={In its preamble, the Basic Law of the Federal Republic of Germany admits Germany`s participation in the process of European unification. This aim is specified by Article 23 of the Basic Law: as a result, the Federal Republic of Germany is required by its constitution to participate in the EU. This provision amounts to a state objective (Staatszielbestimmung). At the same time, Article 23 of the Basic Law imposes limits on this duty.}, abstract={Germany is only required to participate, if the European Union is committed to democratic, social and federal principles, the rule of law, the principle of subsidiarity, and to guarantee a level of protection of fundamental rights which is essentially comparable to that of the Basic Law. Further limits to the duty to participate in the EU arise from conflicting constitutional law. This may be relevant if there are repeated and serious transgressions of competences by the EU, as well as serious violations of constitutional identity.}, abstract={Additionally, an EU membership of non-democratic states or a collapse of the European Union altogether would render the duty imposed by Art. 23 (1) Basic Law no longer applicable. The requirements for these scenarios are very high. Nevertheless, the political decision-makers have a scope of judgement that the Federal Constitutional Court can only control to a certain extent.}, type={rozdział w książce}, title={The Duty of the Federal Republic of Germanyto Participate in the European Integration}, keywords={Federalny Sąd Konstytucyjny, Ustawa Zasadnicza Federalnej Republiki Niemiec, prawo unijne, the Basic Law of the Federal Republic of Germany, the Federal Constitutional Court, EU law}, }