Souveränität und Staatlichkeit der Bundesrepublik Deutschland und der Tschechischen Republik vor dem Hintergrund des Vertrags von Lissabon

Abstract

Sovereignty and Statehood of the Federal Republic of Germany and the Czech Republic in the Aftermath of the Lisbon Treaty

The Lisbon Treaty has confronted EU members with the need of redefining their respective sovereignty and reinterpretation of national constitutions. The European Community is a community sui generis, which cannot be understood as a mere international organization bound in its actions solely by international law but rather as an entity carrying out its own policy drawing on competences acquired through international treaties from and among its founding members. On July 30, 2009, the Federal Constitutional Court issued a decision defining the conditions for eventual ratification by Germany of the Lisbon Treaty. This verdict meant a return towards sovereignty as the supreme, indivisible and territorially limited authority. It is a concept which is not a result of historical evolution but rather draws its legitimacy on political will to be implemented.

Keywords: Federal Constitutional Court, Fundamental Law, Constitutional Review, Lisbon Treaty, State Sovereignty, European Union