Yearbook of European Law - Vol. 14

By Francis Geoffrey Jacobs | Go to book overview

The Maastricht Judgment of the German Federal Constitutional Court and its Significance for the Development of the European Union

ULRICH EVERLING


I. Introduction

For European politicians and particularly for the British public, the spectacle was certainly astonishing or even amusing: the German Chancellor initiated, in the political context of Germany's reunification, a far-reaching development of European integration, pushed the other governments into important commitments by concluding the Treaty on European Union, announced that he would go further with those Member States which were ready and that he would leave behind the lingerers -- and then the Chancellor himself was left behind by the others who had overcome all their difficult constitutional conflicts connected with the ratification procedures. Europe was waiting for the German ratification of the Treaty on European Union, which depended on the judgment of the Constitutional Court of the Federal Republic of Germany, the Bundesverfassungsgericht.

The judgment of this Court concerning the Treaty on European Union, delivered in October 19931, is not only important because it gave the green light to putting the Treaty into force, but because it indicates, in its eightypage long reasoning, the constitutional possibilities and limits of Germany's participation in the process of European integration. For this reason, the judgment has been the subject of intense debate by German scholars2. It also

____________________
1
Entscheidungen des Bundesverfassungsgerichts ( BVerfGE) Vol 89155-213. For a comprehensive documentation of the written and oral pleadings of the parties and of other texts including English and French translations of the judgment, see I. Winkelmann (Ed) Das Maastricht-Urteil des Bundesverfassungsgerichts vom 12 Oktober 1993 ( Berlin 1994) English translation also in [ 1994] CMLR57 and 31 CML Rev1 ( 1994).
2
See the bibliography in Winkelmann, supra nl, 65, inter alia P. Hommelhoff and P. Kirchhof (Eds) Der Staatenverbund der Europäischen Union ( Heidelberg, ( 1994); C. Tomuschat, "Die Europäische Union unter der Aufsicht des Bundesverfassungsgerichts'" ( 1993) EuGRZ489; J. Schwarze, "Europapolitik unter deutschem Verfassungsvorbehalt" ( 1994) NJW549; J. A. Frowein, "Das Maastricht-Urteil und die Grenzen der Verfassungsgerichtsbarkeit", 54 ZaöRV1 ( 1994); U. Everling, "Das Maastricht-Urteil des Bundesverfassungsgerichts und seine Bedeutung für die Entwicklung der Europäischen Union", ( 1994) Integration165.
© Ulrich Everling, 1995. Professor of Law at the University of Bonn; formerly Judge at the Court of Justice of the European Communities. Written and completed version of the author's lecture delivered on 1 November 1994, Europa Institute, The University of Edinburgh.

-1-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Yearbook of European Law - Vol. 14
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 764

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.