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Publié par Notre Europe



When on June 30th 2009, the German Constitutional court delivered its ruling on the Lisbon Treaty, it met with mixed feelings. On the one hand, by recognizingthe compatibility of the Treaty with the Basic law, it made possible its ratification

by the German President, thereby removing one of the last stumbling blocks on the rocky road to its eventual coming into force. On the other hand, the detailed analysis of European Union it contained was widely perceived as a hostile signal by most readers.

Unlike its 1993 forerunner on the Maastricht Treaty, this ruling did not limit itself to signalling a degree of discontent with the current scope and pace of the integration process, but clearly erected barriers to further integration, by demanding a closer parliamentary scrutiny of decisions taken in Brussels and by threatening to oppose the implementation in Germany of EU rules that would violate the subsidiarity principle. In other words, the objections it raised were more than rhetorical:

they aimed at exerting pressure on the federal government.

One year on, it seems clear that this ruling will have a lasting impact on Germany’s European policy. In the discussion on the assistance package to Greece, for instance, opponents to a German participation in the stabilization effort decided to bring the matter before the Constitutional court. But the latter’s influence will also be felt beyond the German borders. The weight of Germany and the prestige of its institutions are such that the Court’s concerns are likely to find an echo in  other countries, all the more so because the intergovernmental view of Europe that it promotes resonates with the current mood and practice. Hence the need to analyse in detail the implications of this ruling, not only for Germany, but for the rest of Europe as well. This is the ambition of this study, which will focus on two issues of central importance: the impact of the ruling on the authority of EU law, and the role of national parliaments.


See the complete paper : Etud78-Karlsruhe'sEurope-en Etud78-Karlsruhe'sEurope-en


Notre Europe (http://www.notre-europe.eu/) isthe guidance of Jacques Delors, who created Notre Europe in 1996, the association aims to “think a united Europe.”

Our ambition is to contribute to the current public debate by producing analyses and pertinent policy proposals that strive for a closer union of the peoples of Europe. We are equally devoted to promoting the active engagement of citizens and civil society in the process of community construction and the creation of a European public space.

In this vein, the staff of  Notre Europe directs research projects ; produces and disseminates analyses in the form of short notes, studies, and articles; and organises public debates and seminars. Its analyses and proposals are concentrated around four themes :

• Visions of Europe  The community method, the enlargement and deepening of the EU and the European project as a whole are a work in constant progress.

Notre Europe provides in-depth analysis and proposals that help find a path through the multitude of Europe’s possible futures.

• European Democracy in Action: Democracy is an everyday priority.

Notre Europe believes that European integration is a matter for every citizen, actor of civil society and level of authority within the Union.

 Notre Europe therefore seeks to identify promote ways of further democratising European governance.

• Cooperation, Competition, Solidarity: « Competition that stimulates, co-operation that strengthens, and solidarity that unites ». This, in essence, is the European contract as defined by Jacques Delors. True to this approach, Notre Europe explores and promotes innovative solutions in the fields of economic, social and sustainable development policy.

• Europe and World Governance: As an original model of governance in an increasingly open world, the European Union has a role to play on the international scene and in matters of world governance. Notre Europe seeks to help define this role.



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