THE JUDGMENT OF THE GERMAN FEDERAL CONSTITUTIONAL COURT REGARDING THE CONSTITUTIONALITY OF THE LISBON TREATY

Authors

  • Eleonora Mesquita Ceia

DOI:

https://doi.org/10.5380/rfdufpr.v49i0.17034

Keywords:

Tribunal Constitucional Federal Alemão, Controle de Constitucionalidade, Tratados internacionais, União Europeia, Tratado de Lisboa, German Federal Constitutional Court, Judicial review, International treaties, European Union, Lisbon Treaty

Abstract

On 30 June 2009, the Second Senate of the German Federal Constitutional Court
announced its decision on the compatibility of the Lisbon Treaty with the German Constitution.
Unanimously the judges decided for the constitutionality of the Treaty. Despite the positive result, in
the Lisbon Case the Court, following its Maastricht jurisprudence, not only reiterated the constitutional
boundaries of integration, but also expanded its right to review the constitutionality of the EU law. The
main point of the decision is the requirement for strengthening of the German Parliament’s competences
in European Union matters. The goal of this paper is to examine the essential content of the German
Federal Constitutional Court’s decision on the constitutionality of the Lisbon Treaty, by focusing on the
key theses of the Court regarding the evolution of the European integration process.

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How to Cite

Ceia, E. M. (2009). THE JUDGMENT OF THE GERMAN FEDERAL CONSTITUTIONAL COURT REGARDING THE CONSTITUTIONALITY OF THE LISBON TREATY. Revista Da Faculdade De Direito UFPR, 49. https://doi.org/10.5380/rfdufpr.v49i0.17034

Issue

Vol. 49 No. 0 (2009)

Section

Artigos

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