EU Law and German Basic Law

Prof. Dr. Armin HatjeUniversity of Hamburg

Overview

I. Special nature of the EU

II. Foundations of European Integration

III. Limits of the impact of EU law

aims of the EU: peace, welfare, identity

Impact of the EU:

political impact

economic impact

legal impact

I. Special nature of the EU

Art. 23 German Basic Law (GBL):

Binding aim „European Integration“

Legal basis for membership in the EU

Transfer of sovereign powers by law

II. Foundations of European Integration

Formal preconditions:

Transfer by statute of the parliament

Consent with Federal Council (2. chamber)

Qualified majority (Art. 79 II BL)

II. Foundations of European Integration

Substantive requirements:

Structural coherence (e.g. democracy)

Sufficient protection of fundamental rights Limits of Art. 79 III GBL

Foundations of European Integration

Limits of Art. 79 III GBL („Eternity clause“)

„Vital Democracy“

Budgetary powers of parliament

Creation of a European people („USE“) Sovereignty of the state (including certain fields

of competence)

II. Foundations of European Integration

The problem: Functioning of the EU:

Aim: Uniform application of EU law

Autonomy of EU law

Direct effect of EU law

Supremacy of EU law

Interpretation according to EU law

III. Limits of the impact of EU law

Position of the Court of Justice of the European Union:

Absolute supramacy

EU law also prevails constitutional law

Obstacles in domestic law are not relevant

Binding force of EU law could only be limited by EU law (autonomy)

III. Limits of the impact of EU law

Federal Constitutional Court: Mainly Art. 79 III GBL

Applicability of EU law is based in German law (statute requiring approval) and limited by this law.

Limits derive from the integration program, vested in the EU Treaties (ultra-vires-controle), which was subject to approval by the parliament.

Fundamental rights could limit the application of EU law (in exceptional cases).

„Identity“ of the German constitution.

III. Limits of the impact of EU law