Pozycja Bundestagu i Bundesratu wobec europejskiego procesu integracyjnego w świetle „lizbońskiego” orzeczenia Federalnego Trybunału Konstytucyjnego
- Institution: Uniwersytet Techniczny w Chemnitz
- Institution: Uniwersytet Jagielloński w Krakowie
- Year of publication: 2012
- Source: Show
- Pages: 143-158
- DOI Address: https://doi.org/10.15804/ppk.2012.02.08
- PDF: ppk/10/ppk1008.pdf
Bundestag and Bundesrat stance towards European integration in the light of the „Lisbon” judgement of the Federal Constitutional Court
It is difficult not to voice the assessment, that the „Lisbon” judgement of the Federal Constitutional Court carries all features not of the legislative decisions, but the political ones. This statement may be justified with a fact, that Tribunal’s objections are directed ultimately not towards lack of proper regulations relating to the Treaty, but against the Lisbon Treaty itself. But because its ratification should not have been stopped, the surrounding legislation has been used as an excuse to express reservations against the Lisbon Treaty. This means – from the formal point of view – both Treaty and Act Approving the Treaty are flawless. At the same time, it is difficult to forget, that the same Court, indirectly with this judgement contravened one of the fundamental of the constitutional rules, that is ban to formulate these kind of opinion which acceptance would lead to the (in this case) change of the Treaty or at least to express objection(s) according to the international law.