Tuesday

14th Aug 2018

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

Support quality EU news

Get instant access to all articles — and 18 year's of archives. 30 days free trial.

... or join 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

What Salvini teaches us about Operation Sophia

It seems as if the EU and some member states are trying to 'sell' European external action in Italy, Austria, Poland and Hungary as a key to solving internal issues – and thus pulling these missions into today's populist debates.

UK poll suggests Brits would now vote Remain

Most UK voters in a YouGov survey said they would remain part of the European Union should a second referendum be held now. The poll follows reports the EU is willing to make a concession on British exit demands.

News in Brief

  1. Malta to allow Aquarius migrants to disembark
  2. Juncker sends condolences over Genoa bridge collapse
  3. EU pledges €500,000 more for Indonesian earthquake island
  4. EU commission in talks with states on new Aquarius migrants
  5. Man held after car crashes into UK parliament security barrier
  6. Brexit delays better readability of medicines' instructions
  7. Masked youths set dozens of cars alight in Sweden
  8. Spain and Italy refuse new Aquarius-rescued migrants

UK poll suggests Brits would now vote Remain

Most UK voters in a YouGov survey said they would remain part of the European Union should a second referendum be held now. The poll follows reports the EU is willing to make a concession on British exit demands.

Stakeholders' Highlights

  1. ACCACompany Law Package: Making the Best of Digital and Cross Border Mobility,
  2. IPHRCivil Society Worried About Shortcomings in EU-Kyrgyzstan Human Rights Dialogue
  3. UNESDAThe European Soft Drinks Industry Supports over 1.7 Million Jobs
  4. Mission of China to the EUJointly Building Belt and Road Initiative Leads to a Better Future for All
  5. IPHRCivil society asks PACE to appoint Rapporteur to probe issue of political prisoners in Azerbaijan
  6. ACCASocial Mobility – How Can We Increase Opportunities Through Training and Education?
  7. Nordic Council of MinistersEnergy Solutions for a Greener Tomorrow
  8. UNICEFWhat Kind of Europe Do Children Want? Unicef & Eurochild Launch Survey on the Europe Kids Want
  9. Nordic Council of MinistersNordic Countries Take a Stand for Climate-Smart Energy Solutions
  10. Mission of China to the EUChina: Work Together for a Better Globalisation
  11. Nordic Council of MinistersNordics Could Be First Carbon-Negative Region in World
  12. European Federation of Allergy and AirwaysLife Is Possible for Patients with Severe Asthma

Latest News

  1. EU commission steps up legal case against Poland
  2. Separation of powers instead of 'Spitzenkandidat' process
  3. Revealed: ExxonMobil's private dinner with Cyprus' top EU brass
  4. What Salvini teaches us about Operation Sophia
  5. 14 lobbyist meetings with Oettinger and Canete went unminuted
  6. UK poll suggests Brits would now vote Remain
  7. Some EU states face delays in 5G preparation
  8. Nordic and Baltic farmers urgently need EU support

Join EUobserver

Support quality EU news

Join us