Don’t Let the Sun Go Down on Me: The German Constitutional Court and Its Lisbon Judgement

Abstract

In late June the German Constitutional Court ruled on the compatibility of the Lisbon Treaty as well as the German accompanying laws (that ratified the Treaty) with the German Basic Law. Although the Court ruled that the Treaty was compatible with the Basic Law, it requested changes to the accompanying laws. The Court specifically refers to shortcomings in the areas of parliamentary accountability and democracy. This Commentary critically analysis the judgement and argues that the Court's ruling could start a new phase of national judicial activism that might threaten the legal and political integration process.

Keywords

• Basic Law
• Lisbon Treaty
• Germany
• Constitutional Court
• Integration