Lisbon Treaty Constitutionality Case

Abstract

Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — Federal Republic of Germany — Constitutional review of the exercise of treaty-making power — Treaty on European Union (Treaty of Lisbon) — Compatibility with Basic Law of the Federal Republic of Germany

Treaties — Conclusion and operation — Constitutional limitations — Extension of powers of European Union — Compatibility with Basic Law of the Federal Republic following enactment of Act amending Basic Law of 8 October 2008 — Accompanying laws — Right to vote as concretization of principle of democracy — Whether providing satisfactory constitutional basis for ratification of Federal Republic of Treaty of Lisbon — Whether membership in EU violating Articles 20, 23, 38 and 79(1) of Basic Law — Scope of permissible transfer of sovereignty to community institutions — Requirement that Member States must retain sufficient space for the political formation of the economic, cultural and social living conditions — Condition that national parliaments should retain substantial level of authority — Openness to integration in EU — Responsibility for integration

Jurisdiction — Whether Acts of community institutions are subject to national constitutional review to ensure that their powers are not exceeded — Ultra vires review — Review of core of identity of national constitution — No absolute primacy of application of EU law — Application by virtue of national empowerment

International organizations — European Union — Powers — Extension of powers by Treaty — Lisbon Treaty — Whether European Union developing into federal State — Loss of statehood of Federal Republic — Member States as masters of the treaties — Principle of conferral — Whether Treaty of Lisbon granting Union competence to determine or extend its own powers — Principle of subsidiarity — Association of sovereign national States — Whether membership in EU irreversible

Treaties — Simplified revision procedure — Bridging clauses — Flexibility clause — Requirement of Act by German legislative bodies — Democratic responsibility — Responsibility of integration — Principles for the exercise of some newly transferred competences — Criminal law and the military — Democratically especially sensitive areas

International organizations — European Community — Institutions — European Parliament — Council — Commission — Whether fundamental principle of democratic legitimacy in Federal Republic undermined by Treaty of Lisbon — Democratic legitimacy of community institutions — Method of election by citizens of Member State — The law of the Federal Republic of Germany