A Good Day and Salutory Warning for the European Union

Abstract

On 30 June 2009, the German Federal Constitutional Court (Bundesverfassungsgericht, “BVerfG”) gave a unanimous judgment (2 BvE 2/08) on the constitutionality of Germany's ratification of the Lisbon Treaty. This detailed and nuanced decision is bound to feature prominently alongside its earlier influential judgments in matters European (Solange I, Solange II, Maastricht) and radiate far beyond German borders. The court addressed a range of issues relating to the meaning of democracy, separation of powers, federalism, subsidarity and sovereignty in light of the evolution of the European experiment. This case note analyses key aspects of the court's decision.

Keywords: European Union Law, Lisbon Treaty, Bundesverfassungsgericht, Democracy Deficit

JEL Classification: K10