Court Proceedings in Great Britain, Czech Republic and Germany
A complaint filed by the English businessman Stuart Wheeler claiming that Great Britain should have held a referendum on EU Treaty was rejected by the High Court in London. Meanwhile, Great Britain had already ratified the Treaty.
Complaint of Stuart Wheeler and Decision of the High Court
In the Czech Republic the Parliament's resolution on the ratification of a Treaty is principally subject to a prior approval by the Constitutional Court attesting the conformity of the Treaty with the Czech Consitution.
Statement of the Czech President Václav Klaus on the procedure
In Germany the Federal Constitutional Court had to decide on several constitutional complaints against the Lisbon Treaty and its accompanying law.
The hearing of the Second Senate of the German Federal Constitutional Court took place on 10. and 11. February 2009. The judgement was delivered on 30. June 2009. On the one hand the Federal Constitutional Court declared the Lisbon Treaty to be compatible with the German Basic Law. On the other hand, it stated that Germany's approval in the EU Council of legal instruments of the EU in various policy fields are subject to a prior approving act by the Bundestag (parliament) and Bundesrat (federal council). Regarding a particvipation of the German armed forces in a European initiative the Federal Constitutional Court clarified that the German government may act in this field only upon the order of the German Bundestag.
Complaint MP Gauweiler, Expertise Prof. Murswiek and Summary
Constitutional Complaint MP Dehm et al., Constitutional Bodies Proceedings of the Group of Die Linke and Summary
The judgement of the Federal Constitutional Court is in line with a series of legal authors who deem the Treaty equally compatible with the Basic Law:
Prof. Rupert Scholz (University of Munich): Democratic deficits in the EU?
(Lecture during a conference of the Hanns Martin Schleyer-Foundation in Berlin on 29/30 May 2008)
Prof. Rudolf Streinz (University of Munich): New incentives given by the Treaty of Lisbon?
(Lecture during a conference of the Hanns Martin Schleyer-Foundation in Berlin on 29/30 May 2008)
Prof. Thomas Oppermann: The European Union of Lisbon, Deutsches Verwaltungsblatt 2008,
P. 473 et sqq. (by courtesy of the publisher Carl Heymanns)