The judgment of the German Federal Constitutional Court of 30.06.2009, relating to the approval of the Lisbon Treaty – Analysis and reflections.

Abstract

The ruling of 30 June 2009 takes stock of the process of European integration, and set out the possibilities its future development. For the judges of Karlsruhe the inalienable constitutional identity of the German Federal Republic is supported i two pillars: a sovereign people that decide on its political future through elections, and a State that keeps sufficient competences. If the EU extended its powers, it would deprive Member States of their own sovereignty and it would become a Bundesstaat. The GCC announces that it will also review in the future if the amendments in primary law of the EU affect the constitutional identity of the Federal Republic, besides the acts vires review that its case law already accepted. Even if it is finally considered that the Lisbon Treaty is not contrary to the Fundamental Law (Grundgesetz), the ruling opens limited avenues for deepening European integration, and the general tone is of clear scepticism with respect to the latter. The GCC constructs a line of defence against the risks that integration entails. The GCC does not say openly that the Lisbon Treaty already defines the maximum of powers that may be attributed to the EU, but suggests that additional powers will be limited, in a probable process of deceleration of European integration, and under the close supervision of the GCC.