Jump to ContentJump to Main Navigation
The Constitution of European Democracy$
Users without a subscription are not able to see the full content.

Dieter Grimm

Print publication date: 2017

Print ISBN-13: 9780198805120

Published to Oxford Scholarship Online: August 2017

DOI: 10.1093/oso/9780198805120.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 08 December 2019

The Basic Law as a Barrier against a Transformation of the EU into a State

The Basic Law as a Barrier against a Transformation of the EU into a State

Comments on the Lisbon Judgment of the Federal Constitutional Court

Chapter:
(p.207) 11 The Basic Law as a Barrier against a Transformation of the EU into a State
Source:
The Constitution of European Democracy
Author(s):

Dieter Grimm

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198805120.003.0011

This chapter examines how Germany’s Basic Law can prevent the transformation of the European Union into a state. It begins with a discussion of the German Federal Constitutional Court’s (Bundesverfassungsgericht) 2009 decision on the compatibility of the Lisbon Treaty with the Basic Law. In particular, it highlights the message of the Bundesverfassungsgericht’s judgment: that European integration will not be hindered by Germany but finds it limits in the Basic Law. It then explains why, on the side of the EU, the German Court puts so much weight on the treaty character of the EU’s legal basis and why, on the side of the Member States, much emphasis is placed on sovereignty. It also considers the question of whether Germany would be allowed to join a federal European state if its democratic legitimacy were at the level required by Article 79(3) Basic Law.

Keywords:   democratic legitimacy, Basic Law, European Union, German Federal Constitutional Court, Bundesverfassungsgericht, Lisbon Treaty, European integration, Germany, sovereignty, European state

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .