Law Weblog

National Court to have final say on EU law

Friday 17 July 2009 at 8:14 am | In News | Post Comment On 30th June 2009 German judges ruled that although the Treaty of Lisbon is compatible with Germany’s constitution, they should have the final say on interpretation of EU law.

The effect would be to allow Germany’s highest Court to overturn judgments by the European Court of Justice (see Frei für den nicht gewerblichen Gebrauch. Kommerzielle Nutzung nur mit Zustimmung des Gerichts. 30th June 2009).

A translation of the accompanying Press Release includes (at para c) the following:

“The authorisation to transfer sovereign powers to the European Union …… is …… granted under the condition that the sovereign statehood of a constitutional state is maintained on the basis of a responsible integration programme according to the principle of conferral and respecting the Member States’ constitutional identity, and that at the same time the Federal Republic of Germany does not lose its ability to politically and socially shape the living conditions on its own responsibility”.

The European Commission fears the judgment could undermine “the European project” as it raises the issue of the competence of the European Union and principle of subsidiarity (EU Observer, 16th July 2009 “Brussels expresses concern at Germany’s court judgement”).