German Maastricht Case: Brunner [1994] 1 CMLR 57

(Before German Federal Constitutional Court): Plaintiff argued that accession to the Maastricht (EU) Treaty would be a violation of Article 38 of the German constitution, which prohibits a general surrender of the powers of the legislature.

The court held that ratification was compatible with the constitution, but held that German court retained its power to decide on the on the compatibility of Community law with the fundamentals of the German constitution and would continue to exercise a power of review over the scope of community competence.

However the court said it would ensure that any EC legislation was made within the competence of the relevant institution(s).

It also said that the EC only had the power to make laws applicable to Germany by virtue of Germany’s having consented and that therefore any laws incompatible with the fundamental rights guaranteed by the German constitution would not be applied.