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Prof. Dr Wolfgang Schumann's Library tagged constitutional_court   View Popular

07 Oct 09

07.10.09: Brussels in limbo over Klaus treaty delay

  • The heads of the EU's three main institutions on Wednesday (7 September) came together to point out to Czech President Vaclav Klaus the "costs" to Europe if he continues to delay ratification of the Lisbon Treaty, the union's new rulebook.



    European Commission chief Jose Manuel Barroso, European Parliament President Jerzy Buzek and Fredrik Reinfeldt, the Swedish Prime Minister and the current chair of the EU, said several pending decisions are awaiting clarification from Prague.

  • The uncertainty stems from the fact that the Czech constitutional court is examining a legal challenge to the Lisbon Treaty, lodged by senators close to Mr Klaus. It is unclear how quickly the court will make its decision and, if the decision is positive, how much later Mr Klaus would then sign the treaty, completing ratification.



    Time is pressing because the current commission's mandate expires at the end of October, as does the post of the current high representative for foreign affairs, held by Javier Solana.



    The Swedish presidency is nervous about entering uncharted legal territory. It can either keep the commission as a caretaker, but ineffectual, executive, or try to set up a new commission under the Lisbon Treaty rules. Another option would be to negotiate a new commission with the current rules, but that would mean unwanted negotiations on reducing its size.

13 Jul 09

EUobserver / German debate on EU decision-making powers heats up

  • Germany's debate on how much national say there should be over further EU integration is intensifying two weeks after the country's constitutional court handed down a significant judgement on the EU's Lisbon Treaty.



    The judgement was initially greeted with relief by the pro-integration camp as it did not say the EU treaty was incompatible with the German constitution.

  • But the 147-page ruling, now scoured by legal and constitutional experts, is causing strong discussion in political circles, just weeks before a new draft law incorporating the court's points is to be published.
30 Jun 09

30.06.09: Verfassungsgericht billigt EU-Reformvertrag unter Auflagen

  • Das Bundesverfassungsgericht hat den umstrittenen EU-Reformvertrag von Lissabon nur unter Auflagen gebilligt und die Zustimmung Deutschlands vorerst gestoppt. Zuerst müssen Bundestag und Bundesrat mehr Mitbestimmungsrechte bei EU-Entscheidungen erhalten, wie die Richter am Dienstag in Karlsruhe verkündeten. Insgesamt ist das Abkommen aber mit dem Grundgesetz vereinbar. Der Bundestag will noch vor der Wahl im September die Karlsruher Forderungen umsetzen. Erst dann darf Bundespräsident Horst Köhler das deutsche Gesetz zu dem Vertrag unterzeichnen.
27 Mar 09

26.03.09: Germany's important Lisbon Treaty judgement

  • The bulk of the six proceedings challenging the compatibility of Lisbon Treaty and the German Constitution initiated by the conservative MP Peter Gauweiler and a number of left-wing deputies from Die Linke, revolves around the question of whether the Lisbon Treaty erodes the German parliament's powers of participation in EU decision making.
  • National parliaments and the Lisbon Treaty


    Under the Lisbon Treaty, national parliaments are involved in the EU's policy formulation process by safeguarding the subsidiarity principle. It is essentially a consultation mechanism operating before the onset of the EU decision-making procedure and is applicable only where competences are shared between the EU and the Member States.

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11 Feb 09

11.02.09: German judges express scepticism about EU treaty

  • Several of the eight judges in charge of examining whether the EU's Lisbon Treaty is compatible with the German constitution have expressed scepticism about the constitutional effects of further EU integration.



    According to reports in the German media, the debate during the crucial two-day hearing starting on Tuesday (10 Februrary) on the treaty centred on criminal law and the extent to which it should be the preserve of member states rather than the EU.

  • In all, four of the eight judges questioned the Lisbon Treaty.
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10 Feb 09

10.02.09: German court to begin hearing on EU treaty

  • Germany's highest court will today (10 February) begin a hearing on whether the EU's Lisbon treaty undermines the country's own constitution by weakening the power of the national parliament.



    The hearing is to last two days, an exceptionally long time, seen as an indication of how seriously the court is taking the challenge.

  • The judges will look at whether the Lisbon Treaty - designed to improve decision-making in the EU - is not democratic, and therefore anti-constitutional, because it takes away power from Germany's parliament.
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27 Jan 09

27.01.09: German constitutional court handed new complaint on Lisbon Treaty

  • Germany's constitutional court has been handed a second complaint over the EU's Lisbon Treaty with the potential to delay the country's final ratification of the document for several months.



    The new legal action, running to over 200 pages, is concerned with economic as well as political issues, which the complainants say are not addressed by the Lisbon Treaty.

  • They say that the constitutional court cannot approve the Lisbon treaty because it "strengthens the current practice of dismembering the division of powers and mixing of competences."



    The complaint is being brought by Markus Kerber, a commercial lawyer, Dieter Spethmann, a former chief executive of Thyssen, former MEP Franz Ludwig Graf Stauffenberg and economist Joachim Starbatty.

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21 Jan 09

21.01.09: German constitutional court to examine Lisbon treaty

  • Germany's constitutional court is preparing for an unusually long hearing on the EU's Lisbon treaty in a process that will help determine the fate of the document across the European Union.



    Over two days next month (10-11 February) the court's judges will discuss whether the treaty breaches Germany's constitution.

  • The court is considering a complaint brought by conservative MP Peter Gauweiler, who has argued that the treaty infringes on the rights given to German citizens in their country's constitution by allowing a foreign court - the European Court of Justice - to decide upon such issues.



    He also argues that the treaty undermines the power of Germany's own parliament, the Bundestag.

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25 Apr 08

25.04.08: EU treaty set to be examined by Czech and German courts

  • The key issues that the senators asked the court to check include the transfer of certain powers to EU institutions, the shift of decision-making among member states from unanimous to majority voting, as well as the legal implications of adopting the Charter of Fundamental Rights - with the charter causing the most concern among Czech lawmakers.
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