Cenk Alican JTW Columnist Letters from Germany printable version send your friend message to author add comment ()

Wednesday, 1 April 2009

Never before in the history of European integration – not even when the French and Dutch rejected the European Constitution in referendums in 2005 – has the idea of a common legal framework for the Union’s people driven on such a bumpy road as it is these days. Czech Prime Minister Topolanek`s government lost a confidence vote in parliament last week and the German Constitutional Court has to rule on the Lisbon Treaty.

The German Federal Parliament (Bundestag) and the Federal Council (Bundesrat), representing the 16 states, completed ratification of the Lisbon Treaty, a modified “light” version of the failed EU Constitution that was knocked off course by France and the Netherlands, in 2008. But Federal President Horst Kohler is still hesitant to sign the treaty and therewith to give Germany a place in the row of ratified-stamped EU member states. At the moment 23 countries have forwarded their ratification documents to Brussels; Germany, the Czech Republic, Poland, and Ireland are still missing.[1] 

What makes Horst Kohler keep his pen capped are Peter Gauweiler, MP of the Bavarian Christian Social Union (CSU), EU parliamentarian Franz von Stauffenberg (CSU) and the parliamentary group of the Left Party (Linkspartei). They all are opponents of the Lisbon Treaty and they called for a halt to ratification in mid-February, telling the Federal Constitutional Court (Bundesverfassungsgericht) the treaty would dilute parliamentary power and curtail constitutional rights.[2] President Kohler delayed signing the treaty into law pending a decision by the court.

Not many around Europe know the judges of Germany`s highest court that was established in 1951 in Karlsruhe, the capital of the former principality of Baden. Far away from Berlin – the current capital – and modestly housed in a squat block, almost 80% of Germans trust the court and its 16 judges; less than half have confidence in the government and the Federal Council.[3] The judges are elected by the two legislative bodies, half of them by the Bundestag and half by the upper house, the Bundesrat.[4]

Foreign Minister Frank Walter Steinmeier of the Social Democrat Party (SPD) joined the two-day hearing and tried to defend Lisbon in front of an eight-judge panel. He stated that the legal document was not an end in itself, but “a means of strengthening the Union’s democratic roots while preparing it for future challenges.”[5]

Streamlining the functioning of the EU, the Lisbon Treaty establishes a presidential office and enlarges the responsibilities of the EU`s foreign policy chief. Despite being a firm supporter of European integration, Greogor Gysi, co-head of the Left Party, said parliamentary powers were at stake, along with those of the Constitutional Court itself.[6] Gauweiler states that Germany’s political competences will melt away like a piece of sugar in a cup of coffee when Lisbon is implemented.[7]

Germany’s EU membership and the country’s support for European integration are manifested in the constitution (Grundgesetz), and the Constitutional Court has a long-standing partnership with the European Court of Human Rights in Strasbourg and the European Court of Justice (ECJ) in Luxembourg. Although Lisbon would shift some power to the ECJ, it is not as far as the treaty’s opponents’ fear. Like the court’s Vice-President Andreas Vosskuhle – who might become the youngest head of Germany’s highest jurisprudence when Hans-Jurgen Papier retires next year – notes correctly: Germany has often gained influence through the EU and German laws have affected Europe and much of the world in the past.[8] Hans Jurgen Papier himself had expressed his concern about the Lisbon Treaty, saying that the text was so unclear that it was in danger of not being accepted by the people.[9]

A difficult decision is to be taken in Karlsruhe`s courtroom. If the judges reject the Lisbon Treaty, it will be a step back for the EU. Most probably the court will not declare the Lisbon Treaty unconstitutional, but it might call for significant changes in German Parliamentary Law, so that reform act can come into force. Or the judges might ask for a referendum like in Ireland. Than the future of the European unification process depends on the will of the German people.