'CONSTITUTIONAL IDENTITY' AND THE TREATY OF LISBON - THESES OF THE FEDERAL CONSTITUTIONAL COURT RULING OF 30 JUNE, 2009 ('Tozsamosc konstytucyjna' a traktat z Lizbony. Tezy wyroku Federalnego Trybunalu Konstytucyjnego z 30 czerwca 2009 r.)
The aim of the article is to present the key theses of the Federal Constitutional Court ruling of 30 June, 2009, concerning the appropriate implementation of the provisions of the Treaty of Lisbon in the legal environment of the Federal Republic of Germany. The ruling was widely discussed due to the importance of the issue as well as a judgment itself, not solely from the point of view of the German doctrine. The ruling under discussion presents an idea that the process of European integration is 'limited' as the evolution of the European Union finds some limitations within both the Treaty of Lisbon and the Fundamental Statute of the Federal Republic of Germany. The German Constitution determined some impassable borders of integration by an obligation to protect a 'constitutional identity' (elements constituting the German state such as the notion of the state of law, protection of fundamental rights, democracy and a federal structure of the state). This way a canon of appropriate integration with respect for the fundamental 'constitutional identity' of the German Republic, i.e. respecting the provisions of the state legislature, its role in the process of integration, and organization of the process of co-operation between the legislative and executive powers on the European ground. At the same time, the Federal Tribunal sustained its former ruling policy and was for the primacy of the Fundamental Statute over any other legal acts, including those issued by the organs of the European Union. It also seems that some of the theses of the ruling remain valid per analogiam to the legislations of other Member States.
Financed by the National Centre for Research and Development under grant No. SP/I/1/77065/10 by the strategic scientific research and experimental development program:
SYNAT - “Interdisciplinary System for Interactive Scientific and Scientific-Technical Information”.