Central Europe Activ

During a hearing, Germany’s Supreme Court has voiced concerns that the Lisbon Treaty may leave its national parliament powerless, fuelling fears that judges may rule the treaty unconstitutional or at least order modifications to the text, writes EurActiv. The two-day hearing, however, only marks the opening of the court’s examination. A ruling is not expected before May.

The decision is highly expected all over Europe. What makes the ruling specially interesting in my region is that the Central European legal systems are very much similar to the German, often based on a shared legal history or simply modeling the strongest country in the neighborhood. The German Constitutional Court, which was a novelty in the world when established, has served as a role model in many Central European countries. The decision of the German court may have a very strong influence on other countries.

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  1. If we think that the security and prosperity of EU citizens demand more Europe, the question is about corresponding democratic legitimacy and accountability at EU level.

    In my view the Lisbon Treaty gives the EU too little powers where they are needed and the construction of double legitimacy is deficient, so there is a lack of clear democratic oversight at the European level.

    The other side of the coin is (as long as the states are the members of a treaty based organisaton) if their Constitutions and legal traditions allow for an evolving European Union.

    Since Constitutions may have been written rather narrowly, they may come to be in need of amendments because of the changing world outside the context of the “nation” state.

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