In the so-called Lissabon-Urteil the German Federal Constitutional Court not only urges to modify a domestic statute in order to guarantee the rights of the internal rule-making power, but also provides a reasoning on the role of the European Union as an international organization and on the principle of sovereignty. According to the German Court the Treaty of Lisbon does not transform the European Union into a Federal State (Staatsverband), but into a Confederation of States (Staatenverbund). The German Federal Constitutional Court decision on the Lisbon Treaty arouses the reflection on the core of State sovereignty and on the boundaries of the EU legal system. After one year the Court – with the Mangold judgment - had the chance to shape clearly the meaning of the ultra vires review on the acts of the European Institutions and Bodies. On this occasion the Federal Constitutional Court moves forward the European integration process, that appeared to be slowed down by the Lisbon decision, generally regarded as too restrictive on further integration.
From Lissabon-Urteil To Mangold-Urteil: Core Of State Sovereignty, Boundaries Of European Union’s Identity And Ultra Vires Review
LANZA, Elisabetta
2010
Abstract
In the so-called Lissabon-Urteil the German Federal Constitutional Court not only urges to modify a domestic statute in order to guarantee the rights of the internal rule-making power, but also provides a reasoning on the role of the European Union as an international organization and on the principle of sovereignty. According to the German Court the Treaty of Lisbon does not transform the European Union into a Federal State (Staatsverband), but into a Confederation of States (Staatenverbund). The German Federal Constitutional Court decision on the Lisbon Treaty arouses the reflection on the core of State sovereignty and on the boundaries of the EU legal system. After one year the Court – with the Mangold judgment - had the chance to shape clearly the meaning of the ultra vires review on the acts of the European Institutions and Bodies. On this occasion the Federal Constitutional Court moves forward the European integration process, that appeared to be slowed down by the Lisbon decision, generally regarded as too restrictive on further integration.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
