Monday

20th Mar 2023

German court to begin hearing on EU treaty

  • The hearing is to last two days (Photo: EUobserver)

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.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

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.

The case was brought conservative MP Peter Gauweiler as well as left-wing deputies from Die Linke political party.

An example given by Mr Gauweiler in written evidence takes the hypothetical case of a German environment minister wanting to get a ban on a particular light bulb.

If the initiative fails at national level in Bundestag, then the minister could present the idea in European Council, at EU leader level.

Support by other member states at this level could mean that the European Commission is asked to present a lightbulb proposal which eventually could get turned into EU law, despite Germany's parliament having rejected the proposal.

The hearing is being keenly followed by Chancellor Angela Merkel's government which has sent Foreign Minister Frank-Walter Steinmeier and Interior Minister Wolfgang Schaeuble to defend the government's case.

The challenge is politically important for Ms Merkel who has been a strong supporter of the treaty.

If Mr Gauweiler's case is upheld by the court, it would be a big blow to both the chancellor and the treaty's ratification process.

So far, the treaty has been through most of the process - it has been approved by both houses of parliament and signed by Germany's president. But the final step of ratification, handing the papers over in Rome, has been postponed pending the court decision.

The judgement is expected to be made in two to three months. But even if the court comes out in favour of the Lisbon Treaty, the process may not be over. Last month, a separate group handed in another complaint on the treaty, listing political and economic faults.

The court has yet to decide whether to take on the case.

Elsewhere, the fate of the treaty remains uncertain too. The Czech Republic has yet to begin ratification of the treaty, while Ireland is facing a second referendum on the document after its citizens rejected it last June.

Poland's President, meanwhile, has said he will not sign the treaty until it has been accepted in Ireland.

German court handed new complaint on EU 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.

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.

MEPs press EU Commission over Qatari-paid business-class flights

Pro-transparency MEPs are asking probing questions into possible conflict of interest between a senior EU commission official and Qatar, following revelations his business class trips were paid by Doha while negotiating a market access deal for its national airline.

Feature

Germany as a laboratory of 'communism vs capitalism'

A new exhibition at the Deutsches Historiches Musuem in Berlin unveils industrial photography of Germany's steel, coal, car, chemical and textile industries from the 1950s to 1980s — some in East Germany, some in West. But which was which?

Column

Member states are taking more control — for better or worse?

Two major trends — more Europe and a more intergovernmental Europe — should get alarm bells ringing. The European Union risks becoming a bazaar dominated by national politicians haggling, doing handshakes, walking out and having tantrums.

Latest News

  1. 'Forever chemicals' industry hit by perfect storm
  2. EU summit zooms in on global roles This WEEK
  3. EU launches 'Hydrogen Bank' — but what is it?
  4. MEPs probing spyware 'stonewalled' by EU states
  5. Why the EU double standards on mental help for asylum seekers?
  6. 'Bravery has no gender', Ukrainian Nobel winner says
  7. Innovation and politics: an intertwined relationship
  8. Most Frontex deportations to take place from Germany, Italy

Stakeholders' Highlights

  1. Nordic Council of MinistersNordic and Baltic ways to prevent gender-based violence
  2. Nordic Council of MinistersCSW67: Economic gender equality now! Nordic ways to close the pension gap
  3. Nordic Council of MinistersCSW67: Pushing back the push-back - Nordic solutions to online gender-based violence
  4. Nordic Council of MinistersCSW67: The Nordics are ready to push for gender equality
  5. Promote UkraineInvitation to the National Demonstration in solidarity with Ukraine on 25.02.2023
  6. Azerbaijan Embassy9th Southern Gas Corridor Advisory Council Ministerial Meeting and 1st Green Energy Advisory Council Ministerial Meeting

Join EUobserver

Support quality EU news

Join us