Prof. Dr. Armin Hatje University of Hamburg

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

Art. 23 German Basic Law (GBL):  Binding aim „European Integration“  Legal basis for membership in the EU  Transfer of sovereign powers by law

 Formal preconditions:  Transfer by statute of the parliament  Consent with Federal Council (2. chamber)  Qualified majority (Art. 79 II BL)

 Substantive requirements:  Structural coherence (e.g. democracy)  Sufficient protection of fundamental rights  Limits of Art. 79 III GBL

 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)

 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

 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)

 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.