Upcoming Events

National | EU

no events match your query!

Blog Feeds

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link Elaine Byrne: Lacking moral courage to name names

offsite link Real democracies and referendums Anthony

offsite link Public Services Card: Some still forced to comply Anthony

offsite link Catholic Church: Dark influence still active Anthony

offsite link Tom Parlon launches new career in comedy Anthony

Public Inquiry >>

The Saker
A bird's eye view of the vineyard

offsite link Why America Leads the World in Covid-19 Cases Thu Apr 09, 2020 19:54 | amarynth
By Eric Zuesse for the Saker Blog At of the start of the day on April 9th, the United States, which has 4.2% of the world?s population, had 28.7% of

offsite link Moderation Policy (UPDATED April 4th, 2020) Thu Apr 09, 2020 18:26 | admin-herb

offsite link Moveable Feast Cafe 2020/04/09 ? Open Thread Thu Apr 09, 2020 15:30 | Herb Swanson
2020/04/09 14:30:02Welcome to the ‘Moveable Feast Cafe’. The ‘Moveable Feast’ is an open thread where readers can post wide ranging observations, articles, rants, off topic and have animate discussions of

offsite link Ukraine and Georgia publicly humiliated at the UN Thu Apr 09, 2020 04:57 | Scott
by Ruslan Ostashko Translated by Nikolai Subtitled by Scott In addition to the impotence of the European Union and the crash of western unity, the coronavirus pandemic also clearly showed

offsite link Hard Times For U.S. Forces In Northeast Syria Thu Apr 09, 2020 02:22 | Scott
Hard Times For U.S. Forces In Northeast Syria. Army Prepares For Idlib Escalation The Syrian Army and local self-defense forces have carried out an operation against ISIS cells hiding in

The Saker >>

Human Rights in Ireland
A Blog About Human Rights

offsite link Human Rights Fri Mar 20, 2020 16:33 | Human Rights

offsite link Turkish President Calls On Greece To Comply With Human Rights on Syrian Refugee Issues Wed Mar 04, 2020 17:58 | Human Rights

offsite link US Holds China To Account For Human Rights Violations Sun Oct 13, 2019 19:12 | Human Rights

offsite link UN Human Rights Council Should Address Human Rights Crisis in Cambodia Sat Aug 31, 2019 13:41 | Human Rights

offsite link Fijian women still face Human Rights violations Mon Aug 26, 2019 18:49 | Human Rights

Human Rights in Ireland >>

Cedar Lounge
"A flaky website that purports to be ?leftist,? The Cedar Lounge Revolution, occasionally makes a relevant point or two."

offsite link ?They just have to go into government? ? 11:26 Thu Apr 09, 2020 | WorldbyStorm

offsite link Social isolation? 10:30 Thu Apr 09, 2020 | WorldbyStorm

offsite link Too soon? 08:17 Thu Apr 09, 2020 | WorldbyStorm

offsite link Cognitive dissonance on the crisis?. 11:20 Wed Apr 08, 2020 | WorldbyStorm

offsite link What you want to say ? 8 April 2020 07:46 Wed Apr 08, 2020 | WorldbyStorm

Cedar Lounge >>

Lisbon Treaty News: German Constitutional Court delays Germany’s ratification of the Lisbon Treaty

category national | eu | press release author Tuesday June 30, 2009 21:35author by O. O'C. - National Platform EU Research & Information Centreauthor email info at nationalplatform dot orgauthor address 24 Crawford Ave. Dublin 9author phone 01 8305792 Report this post to the editors

It seems that the Constitutional Court is saying that Germany, at least , must ensure that their parliament - both houses - participates in major EU decisions.

The Frankfurter Allgemeine Zeitung says the Constitutional Court ruling is demanding a law to guarantee the rights of the German Parliament in the EU decision-making process.

If that is so, should not Oireachtas Eireann have a law requiring this too - and Westminster and Paris and Prague and Bucharest, and 22 others?

Should not all EU National Parliaments also have “participation in European lawmaking procedures”?

Below for your information is a news item received from Open Europe, London, on the German Constitutional Court’s decision of this morning on the Lisbon Treaty.

Appended to this post is a link to the Constitutional Court’s decision in English.

The most important operative paragraphs of the Court’s ruling seem to be these ones:-

The Basic Law does not grant the German state bodies powers to transfer sovereign powers in such a way that their exercise can independently establish other competences for the European Union. It prohibits the transfer of competence to decide on its own competence (Kompetenz-Kompetenz).

The principle of conferral is therefore not only a principle of European law (Article 5.1 of the Treaty on European Union; Article 5.1 sentence 1 and 5.12 of the Treaty on European Union in its version of the Treaty of Lisbon ), but, just like the European Union’s obligation to respect the Member States’ national identity (Article 6.3 TEU; Article 4.2 sentence 1 TEU Lisbon), it takes up constitutional principles from the Member States. The integration programme of the European Union must therefore be sufficiently precise.

To the extent that the Member States elaborate the law laid down in the Treaties in such a way that, with the principle of conferral fundamentally continuing to apply, an amendment of the law laid down in the Treaties can be brought about without a ratification procedure, a special responsibility is incumbent on the legislative bodies, apart from the Federal Government, as regards participation, which, in Germany, must, on the national level, comply with the requirements under Article 23.1 of the Basic Law (responsibility for integration).

The act approving a treaty amending a European Treaty and the national accompanying laws must therefore be such that European integration continues to take place according to the principle of conferral without the possibility for the European Union of taking possession of Kompetenz-Kompetenz or to violate the Member States’ constitutional identity which is not amenable to integration, in this case, that of the Basic Law.

For borderline cases of what is still constitutionally admissible, the German legislature must, if necessary, make arrangements with its laws that accompany approval to ensure that the responsibility for integration of the legislative bodies can sufficiently develop.

(Signed)
- Anthony Coughlan
Director
~---------~
German Constitutional Court suspends ratification of the Lisbon Treaty, demanding a change to German law giving parliament more say over EU decision-making

CREDIT: Open Europe 30 June 2009
http://www.openeurope.org.uk/media-centre/summary.aspx?...d=875

Frankfurter Allgemeine Zeitung reports that the German Constitutional Court has ruled that the Lisbon Treaty is compatible with the German Constitution, but has withheld approval for immediate ratification, demanding a law to guarantee the rights of the German Parliament in the EU decision-making process.

The press release of the Constitutional Court notes that the German ratification act should be modified because the German Lower House and Upper House “have not been accorded sufficient rights of participation in European lawmaking procedures and treaty amendment procedures.”

It continues: “the Federal Republic of Germany’s instrument of ratification of the Treaty of Lisbon may not be deposited as long as the constitutionally required legal elaboration of the parliamentary rights of participation has not entered into force.”

The press release notes that: “the further development of the competences of the European Parliament can reduce, but not completely fill, the gap between the extent of the decision-making power of the Union’s institutions and the citizens’ democratic power of action in the Member States.”

FT Deutschland notes that “the Judges have considered the EU to have a democratic deficit. Therefore sovereign rights such as decisions on budgetary matters or on penal law, cannot be transferred to the EU without the consent of the German Lower and Upper House”. The newspaper reports that this means the German Parliament will in future need to consent to any changes to the EU treaties, with Frankfurter Rundschau reporting that military operations, “which could be possible after Lisbon”, will have to be approved by the German Parliament.

Deutsche Welle quotes the Court saying: “If one wanted to summarise this result, one could say: the Constitutional Court says ‘yes’ to the Lisbon Treaty but demands that parliament’s right to participation be strengthened at the national level.”

Die Welt notes that the German law giving the Parliament more say could pass soon, with a first reading to be held on 26 August. The leader of the Christian Democrat faction leader in the German Parliament Norbert Röttgen has announced that the second and third reading are planned for 8 September. German elections are to be held on 27 September.

Open Europe has published a new poll, conducted by German polling company Psyma, which shows that 77 percent of German voters want a referendum on the Lisbon Treaty.

Related Link: http://www.nationalplatform.org/lisbon-treaty/german-constitutional-court.html
© 2001-2020 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy