German Constitutional Court and Lisbon Treaty Ratification

The German Federal Constitutional Court has handed down its judgment on the compatibility of the Lisbon-Reform Treaty with the German Basic Law (as the constitution is called).

The Constitutional Court concluded that there was no incompatibility between the Lisbon Treaty and the Basic Law and therefore the Federal Republic could in principle complete the ratification process without a problem.

It held that the Lisbon Treaty does not transform the EU into a federal state and such a transformation would have been contrary to domestic German law. It also held that the Lisbon Treaty does create an EU citizenship to supersede a national one, and does not oblige member states to provide troops for a European army. In essence, the Constitutional Court finds that the member States of the EU wield the political power.

But, the Constitutional Court continued, the German bill ratifying the Treaty requires modification before it can enter into force and be compatible with the Basic Law. The Court held that in order for the bill to be constitutional, it must provide for more participation of the German Parliament in matters bringing about the transfer of greater powers the EU institutions.

Consequently, ratification cannot proceed in Germany until the domestic legislation is brought into line with the Basic Law.

You can read the full judgment in English here but it is long. A press release giving the salient points is available here.

For our post on the Lisbon Treaty and the Czech Constitutional Court, see here.

Comments

[Paddy]

You don't write contracts, do you? Hopefully not, because your post was full of non-sequiturs and typos!

[Bartolus]

Apologies ! That post was not a good one: written in haste and replete with errors. I hope that the corrections made improve the text.

[James]

The German Court was wrong based on the simple fact that the Lisbon Treaty is self amending. Thus, just like most of Europe now does not have a chance to vote against any significant changes this will also hold true in the future when the Lisbon treaty is amended to be completely undemocratic. I hope we can just hold our breaths for the Irish to vote No on the Lisbon Treaty the second time around. Spread the word to the Irish they should check out NoLisbon.com