Original scientific paper

EUROPEAN UNION AND GERMAN FEDERAL CONSTITUTIONAL COURT

Siniša Rodin ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Abstract

Author discusses provisions of German Constitution and practice of German Federal Constitutional Court relevant for ratification of the Maastricht treaty and German membership in the European Union. In that context, the Brunner case decided by the Federal Constitutional Court is discussed. The mentioned decision has removed constitutional obstacles and has confirmed constitutionality of ratification of the Maastricht Treaty. Author suggests that the Constitutional Court has strengthened its position and defined itself as a safeguard of German state sovereignty and an obstacle for creeping extension of powers of the Union at expense of its Member States. At the same time, Constitutional Amendments were adopted in order to protect German federal structure and affirm the role of German Länder in supranational decision making process. Author suggests that practice of German Federal Constitutional Court fits well in the general trend of strengthening of role of the judiciary within, both, national and supranational balance of power.

Keywords

Hrčak ID:

105872

URI

https://hrcak.srce.hr/105872

Publication date:

4.10.1996.

Article data in other languages: croatian

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