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Europe Daily Bulletin No. 9838
THE DAY IN POLITICS / (eu) eu/lisbon treaty

German constitutional court harbours doubts

Brussels, 11/02/2009 (Agence Europe) - The future of the Lisbon Treaty, which is still awaiting ratification in Ireland and the Czech Republic, appears even more uncertain following two days of appeals at the German constitutional court on 10-11 February as part of a complaint lodged by several opponents of the text. Those lodging the complaint (a very mixed group that contains a Conservative Bavarian MP and the radical left “Linke” party) are asking the supreme court to check whether the new treaty complies with fundamental German law, and if the transfer of sovereignty planned in the treaty deprives the German parliament of its prerogatives. The Bundestag and the Bundesrat approved the Lisbon Treaty a long time ago but the president of the republic, Horst Köhler, is waiting for the court's verdict, expected at the beginning of the summer, before signing the ratification law. On Tuesday, in an encounter with the judges, representatives from the German government (the minister for foreign affairs, Frank-Walter Steinmeier and the minister of the interior, Wolfgang Schäuble) defended the treaty. The latter argued that “member states remain masters of the treaties…You really can't say in the slightest that this means removing the Bundestag's competencies today or tomorrow with the Lisbon Treaty”. According to the German press, the judges do not appear totally convinced. During Tuesday's appeals, several judges appeared “very sceptical” about the scale of national competencies transferred by the Lisbon Treaty to the EU, particularly police and legal cooperation involving cases of criminal law. Fundamental German law (Article 146) stipulates the holding of a referendum in the event of a new constitutional order seeking to replace it. The Süddeutsche Zeitung concluded that the constitutional court might possibly decide, therefore, that the Lisbon Treaty has to be approved in Germany by way of a referendum. Werner Langen (EPP-ED) MEP believes, on the other hand, that there is “no reason to panic”. Every major European text, such as the Maastricht Treaty or the draft European constitution of 2005, involved going to the German constitutional court. Mr Langen affirmed that “until now, the court's verdicts have always favoured Germany's European integration. I don't see why is should be different this time”. (H.B./transl.rh)

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