Judgement of the German Constitutional Court/Treaty Lisbon

[arthur.craig]

Article 23 Grundgesetz sets clear standards for an EU participation

Article 23 Grundgesetz (see box) which the Court is always referring to was amended to the Grundgesetz in 1992 and has been interpreted by the commentators as being a "German determination of a state objective of a unified Europe" (Commentary of the Bundeszentrale für politische Bildung on the German Grundgesetz of 2003). There is no reference, however, to the fact that article 23.1 sentence 1 of the Grundgesetz subordinates the obligation to integrate under the provision that the developing European Union "is committed to democratic, social, and federal principles, to the rule of law". These are conditions which the European Union does not meet with the Treaty of Lisbon, as the judgement of the German Federal Constitutional Court of 30 June 2009 explicitly states. Article 23 Grundgesetz does not oblige Germany to integrate into the European Union as it is today.

http://www.currentconcerns.ch/index.php?id=826

[HHAndy]

Germany passes legislation to ratify Lisbon treaty

German MPs have passed revised legislation to ratify the European Union's Lisbon Treaty increasing pressure on the Irish to vote Yes in a second referendum in three weeks.

Germany's Bundestag was forced to re-ratify the controversial treaty, the successor to the European Constitution, after the country's supreme court asked for extra safeguards against the extension of EU powers in June.

New legislation had to be drafted to satisfy judicial fears that the Lisbon Treaty did not allow the EU "to exceed the powers given to it" by usurping national parliaments.

"It brings Europe closer to the people," said Angela Merkel, the German Chancellor, during the debate.

The changes to the German law enacting the Lisbon Treaty require the government to inform MPs as "thoroughly and as early as possible" about EU decisions.

The German parliament's vote moves the focus onto Ireland which holds a second popular vote on the Lisbon Treaty on October 2, following a first referendum rejection in June 2008.

All EU member states must ratify the treaty before it can come into force and support in Ireland has slipped sharply in recent weeks.

Poland and the Czech Republic have said they will not sign the treaty into law until Ireland has voted in favour.

"Good news from Germany but the prospects in Ireland are looking very grim," said an EU official.

http://www.telegraph.co.uk/news/worldne ... reaty.html