The Solange Admonition: The Necessity of Structural Congruence between Germany and Europe

This chapter explores Germany’s legal relationship with European integration, particularly the interplay between the German Constitutional Court (BVerfG) and the European Court of Justice (ECJ). It highlights the tension arising from the ECJ’s constitutional interpretation of European law and the role of the BVerfG in balancing constitutional requirements under the Basic Law. Predominant focus falls on the evolution of the Solange doctrine developed by the BVerfG, which conditionally accepts the ECJ’s primacy based on a theory of structural congruence - ensuring democratic accountability, rule of law, and rights protection in European governance comparable to Germany’s standards. The development of the structural congruence idea, how it came to inform the BVerfG, and its place in historical debates among German legal scholars all fall under the spotlight. It concludes that while the BVerfG has often admonished the ECJ, its critique aims to ensure a cohesive and democratic European constitutional order.