Europäischer Verfassungspatriotismus? (German Edition)

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Formalities regarding enrollment, residence permits, visa, etc. Please note that in order to obtain an entry visa or a residence permit for study purposes, it may be necessary to prove that you have a monthly amount of EUR at your disposal, independent of possible employment. Furthermore, the constitutional culture in Germany is characterised by a strong constitutional scholarship traced back, to this day, to the Weimar Republic.

The BVerfG has played a central role in enforcing and spelling out these constitutional principles in legal practice. Regarding the fundamental rights in the Basic Law, the BVerfG does not only construe them in the sense of effective individual rights protecting the individual against public authority, but also interprets them as key principles shaping the legal order of Germany as a whole. Furthermore, the BVerfG has played a major role as a guardian of the inter-institutional balance of powers and political minority rights.

Preamble [since ] 5. Article 24 [Transfer of sovereign powers to international organisations i. Furthermore, the sovereign debt crisis led to several amendments of the financial provisions in see Sect. Article 23 [European Union — introduced in , para. To this end the Federation may transfer sovereign powers by a law with the consent of the Bundesrat. The establishment of the European Union, as well as changes in its treaty foundations and comparable regulations that amend or supplement this Basic Law, or make such amendments or supplements possible, shall be subject to paragraphs 2 and 3 of Article The Bundestag is obliged to initiate such an action at the request of one fourth of its Members.

By a statute requiring the consent of the Bundesrat, exceptions from the first clause of paragraph 2 of Article 42, and the first clause of paragraph 2 of Article 52, may be authorised for the exercise of the rights granted to the Bundestag and the Bundesrat under the contractual foundations of the European Union. The Federal Government shall keep the Bundestag and the Bundesrat informed, comprehensively and at the earliest possible time. The Federal Government shall take the position of the Bundestag into account during the negotiations.

Details shall be regulated by a law. In matters that may result in increased expenditures or reduced revenues for the Federation, the consent of the Federal Government shall be required. These rights shall be exercised with the participation of, and in coordination with, the Federal Government; their exercise shall be consistent with the responsibility of the Federation for the nation as a whole.

Article 16 [extradition i. The law may provide otherwise for extraditions to a member state of the European Union or to an international court, provided that the rule of law is observed. Article 28 [participation of EU citizens in local elections i.

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Article 45 [parliamentary EU-Committee — introduced in , cl. It may authorise the committee to exercise the rights of the Bundestag under Art. It may also empower it to exercise the rights granted to the Bundestag under the contractual foundations of the European Union.

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The Federation shall establish a note-issuing and currency bank as the Federal Bank. Within the framework of the European Union, its responsibilities and powers may be transferred to the European Central Bank, which is independent and committed to the overriding goal of assuring price stability. Article [golden rule i. For such exceptional regimes, a corresponding amortisation plan must be adopted. Details for the budget of the Federation shall be governed by Article with the proviso that the first clause shall be deemed to be satisfied if revenue from credits does not exceed 0.

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Details shall be regulated by a federal law which shall require the consent of the Bundesrat. Article 1 [Human dignity, human rights — since ].

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To respect and protect it shall be the duty of all state authority. Article 20 [Basic constitutional principles — since ]. It shall be exercised by the people through elections and other votes and through specific legislative, executive and judicial bodies. Article 38 [elections, right to vote — since ].

They shall be representatives of the whole people, not bound by orders or instructions, and responsible only to their conscience. This Basic Law, which since the achievement of the unity and freedom of Germany applies to the entire German people, shall cease to apply on the day on which a constitution freely adopted by the German people takes effect. The first line of jurisprudence relates to the scenario of treaty reform. In this scenario the parliamentary Act approving the ratification of a European reform treaty e. Treaty of Maastricht or Lisbon or an international treaty substantially supplementing EU law e.

Unlike constitutions such as the French or the Czech, the German Basic Law does not provide for a specific procedure for preventive treaty review, i. The second line of jurisprudence concerns direct or indirect challenges to the primacy of application of EU secondary law.

In this respect the BVerfG has formulated judicial reservations in the field of fundamental rights review, ultra vires review and identity review see in detail Sect. According to Art. Furthermore, under Art. Finally, Art. All explicit revisions of the German Basic Law, including those relating to EU affairs and introducing and subsequently amending Art. The background of and reasons for the explicit constitutional revisions relating to the EU are the following.

The most important amendment in the EU context has been the constitutional revision of , which introduced the EU specific integration clause Art. A major change effected by the constitutional reform of was that henceforth transfers of sovereignty with constitutional relevance required a double two-thirds majority both in the Bundestag and the Bundesrat. While some aspects, such as the precise conditions under which this requirement of a qualified majority applies, were disputed during the reform process and still are today for details see Sect.

Alongside the integration clause, the revision addresses several specific questions, such as the participation of EU citizens in local elections Art. Furthermore, the mandatory creation of a parliamentary EU committee was constitutionally entrenched Art. In a comparative perspective it is interesting to see that there was a major EU-related constitutional reform going on in France at the same time, which introduced Art.

The second reform of the German federalist system in amended Art.

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The constitutional revision of relating to the Treaty of Lisbon had the goal of implementing the new powers of the national parliaments under the subsidiarity protocol. As in France where a similar reform package was put in place, the German constitutional legislator designed the parliamentary right to introduce an action before the Court of Justice as a parliamentary minority right Art.

Finally, in the course of the financial crisis, several provisions relating to fiscal issues were introduced or amended in With regard to the ESM Treaty, the act approving its ratification as well as the accompanying legislation, the so-called ESM Financing Act, were enacted in and provide for a detailed and differentiated framework regarding prior parliamentary approval.

Furthermore there are no precise EU-related reform projects that would be underway or that would have failed, such as, for instance, the reform package presented by the Spanish State Council in Article 23 1 cl. However, as part of German constitutional law, the clause does not bind EU institutions, but only addresses German state organs when participating in the creation and development of the EU. Secondly, Art. Article 23 1 cls. Referring to the constitutional revision procedure and demanding an elevated degree of democratic legitimation, Art.

The consequence is that every parliamentary approval of the ratification of a reform treaty conferring new powers on the EU, like the treaties of Maastricht or Lisbon, is treated like a constitutional amendment — however, without the need to amend the text. The same applies to the question whether the domestic approval of the ratification of international treaties supplementing EU law and not conferring competencies on the latter, such as the ESM Treaty or the Fiscal Compact, falls within the scope of application of Art.

Furthermore, any domestic statute approving the ratification of a reform instrument implicitly amending the Constitution is subject to the substantial limits established by the eternity clause in Art.

In Germany it dates back to the s when the conceptual implications of Art. Today it is widely acknowledged that both Arts. This debate was particularly intense on the occasion of the Lisbon judgment, 43 but also with regard to the more recent decisions in the context of the financial crisis. This means that within the normative framework of the Basic Law these limits — drafted in order to prevent a backslide into dictatorship — must not be overstepped even by the constitutional legislator. According to the BVerfG, these limits could only be factually overcome by superseding the Basic Law, i.

This line of jurisprudence is thus intrinsically linked to protection of the principle of democracy and the assumption that substantive and justiciable limits to European integration can be derived from the eternity clause. Particularly sensitive for the ability of a constitutional state to democratically shape itself are, since time immemorial [ seit jeher ] decisions on substantive and formal criminal law 1 , on the disposition of the monopoly on the use of force by the police within the state and by the military towards the exterior 2 , fundamental fiscal decisions on public revenue and public expenditure, the latter being particularly motivated, inter alia, by social policy considerations 3 , decisions on the shaping of living conditions in a social state 4 and decisions of particular cultural importance, for example on family law, the school and education system and on dealing with religious communities 5.

This catalogue was spelt out in more detail in the subsequent paragraphs of the Lisbon judgment 53 — an approach vividly criticised in literature 54 and openly opposed by the Czech constitutional court.

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