In late June the German Constitutional Court ruled on the compatibility of the Lisbon Treaty as well as the German accompanying laws (that ratified the Treaty) with the German Basic Law. Although the Court ruled that the Treaty was compatible with the Basic Law, it requested changes to the accompanying laws. The Court specifically refers to shortcomings in the areas of parliamentary accountability and democracy. This Commentary critically analysis the judgement and argues that the Court's ruling could start a new phase of national judicial activism that might threaten the legal and political integration process.
Basic Law, Lisbon Treaty, Germany, Constitutional Court, Integration
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.Material published in the JCER is done so under a CC BY-NC-ND 4.0 licence, with copyright remaining with the author.
- Articles published online in the JCER cannot be published in another journal without explicit approval of the JCER editor.
- Authors can 'self-archive' their articles in digital form on their personal homepages, funder repositories or their institutions' archives provided that they link back to the original source on the JCER website. Authors can archive pre-print, post-print or the publisher's version of their work.
- Authors agree that submitted articles to the JCER will be submitted to various abstracting, indexing and archiving services as selected by the JCER.