La ratificación del Tratado de Lisboa y la Sentencia del Tribunal Constitucional Federal Alemán de 30 de junio de 2009

Abstract

The ratification of the Lisbon Treaty by certain Member States has caused a debate about the constitutional control of the European Union Law. Ireland held two referenda on the defence of intangible constitutional values. In Czech Republic as well as in Germany, their Constitutional Courts passed sentences with a preventive character: they said ‘yes’ to integration but on the basis of a ‘Europe of the States’. However, the greatest impact has been made by the 30 June 2009 judgment of the German Federal Constitutional Court. The Court went further on the defence of the ‘statehood’ as a key element of the European integration process. Moreover, the German Federal Constitutional Court distrusted the degree of democracy within the European Union institutions.