Sunday

1st Oct 2023

German judges express scepticism about EU treaty

  • The court is to examine an article in the German constitution on holding referendums (Photo: Torkil Sørensen/norden.org)

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.

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 questioned whether the EU should be allowed to increase its powers in criminal law.

Judge Herbert Landau said new EU powers in criminal justice affected "core issues" of German legislative authority.

"These are issues affecting the shared values of a people," he said.

Judge Udo Di Fabio, who prepared the procedure and will deliver the judgement on the treaty, asked whether the transferral of powers to the EU really means more freedom for EU citizens.

"Is the idea of going ever more in this direction not a threat to freedom?" he asked, according to FT Deutschland.

Judge Rudolf Mellinghoff asked whether the treaty was already "in an extensive way" being applied when its comes to the area of criminal sanctions in environment issues – the European Commission may sanction companies for polluting the environment

In all, four of the eight judges questioned the Lisbon Treaty.

The Frankfurter Allgemeine Zeitung noted that the judges were united on one issue: that the treaty is not a work of high literature.

Less-than-clear passages from the treaty were read out aloud, guaranteeing a laugh, noted the paper.

Referendum

On Wednesday, the court is to examine article 146 of Germany's constitution, which says that a referendum may be called if the constitutional order in the country is changed to the detriment of Germany's current constitution – the Grundgesetz or Basic Law.

The court could therefore ask for a referendum, concludes the Suedeutsche Zeitung.

The hearing is being watched keenly across Europe as all member states need to ratify the EU treaty before it can go into force.

The German government, a strong supporter of the document, sent two of its senior ministers to defend it during the hearing, which is examining whether the treaty is anti-democratic by allowing the powers of national parliaments to be circumvented.

The case was brought before the court by conservative MP Peter Gauweiler and several deputies from the left-wing Die Linke party.

Ireland, the Czech Republic and Poland have also yet to ratify or complete ratification of the treaty.

Opinion

Punish Belarus too for aiding Putin's Ukraine war

While Belarus has not sent its own troops to fight Russia's war in Ukraine, the Minsk dictatorship has been heavily involved. As a result, Belarus must be punished for its involvement — what can the world do to sanction Belarus?

Poland's culture of fear after three years of abortion 'ban'

Poland in 2020 imposed a near-total ban on abortion, triggering mass protests — and today the demands for access to safe abortion continue. On International Safe Abortion Day, dozens gathered in Brussels calling for solidarity among member states.

Opinion

Punish Belarus too for aiding Putin's Ukraine war

While Belarus has not sent its own troops to fight Russia's war in Ukraine, the Minsk dictatorship has been heavily involved. As a result, Belarus must be punished for its involvement — what can the world do to sanction Belarus?

Latest News

  1. EU women promised new dawn under anti-violence pact
  2. Three steps EU can take to halt Azerbaijan's mafia-style bullying
  3. Punish Belarus too for aiding Putin's Ukraine war
  4. Added-value for Russia diamond ban, as G7 and EU prepare sanctions
  5. EU states to agree on asylum crisis bill, say EU officials
  6. Poland's culture of fear after three years of abortion 'ban'
  7. Time for a reset: EU regional funding needs overhauling
  8. Germany tightens police checks on Czech and Polish border

Stakeholders' Highlights

  1. Nordic Council of MinistersThe Nordic Region is stepping up its efforts to reduce food waste
  2. International Medical Devices Regulators Forum (IMDRF)Join regulators, industry & healthcare experts at the 24th IMDRF session, September 25-26, Berlin. Register by 20 Sept to join in person or online.
  3. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  4. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA
  5. International Medical Devices Regulators Forum (IMDRF)Join regulators & industry experts at the 24th IMDRF session- Berlin September 25-26. Register early for discounted hotel rates
  6. Nordic Council of MinistersGlobal interest in the new Nordic Nutrition Recommendations – here are the speakers for the launch

Join EUobserver

Support quality EU news

Join us