The constitutional legislation of Germany in the sphere of cooperation of the state with European Union institutions
The Federative Republic of Germany pays great attention to the constitutional legal regulation of cooperation of the higher bodies of state power with European Union institutions. Under the Basic law 1949 Germany set a course for European integration and laid its aim in the preamble: "to serve the cause of peace all over the world being an equal partner of integrated Europe ...". This constitutional idea was developed in other provisions of the Basic law of FRG. The Federative Republic of Germany was empowered to participate in the creation of European communities in accordance with Paragraph 1, Article 24 of the Basic law which states that "The Federation can by law transfer sovereign rights to interstate government agencies". The formation of the European Union in 1992 on the basis of three European communities was an important step in the development of European integration. The entry into force of the European Union Treaty dated 07.02.1992 (the Maastricht Treaty) resulted in some essential changes and additions into the Constitutions of the member states of the European Union. Within this framework, in December 1992 some essential changes and additions regulating the relations between Germany and European Union were made into the Basic law of FRG. Article 23 deals with the participation of FRG in integrated Europe. Under this norm "The Federative Republic of Germany takes part in the development of the European Union" which shall ensure both the observance of democratic, state legal, social and federative principles and the protection of basic rights. For this purpose Germany can transfer its sovereign rights to the European Union by way of making new federal laws after approval in the Bundesrat. The Bundesrat plays a prominent role in the system of the higher bodies of state power in the sphere of cooperation of Germany with European Union institutions. Being the members of the Bundesrat, the lands of FRG are involved in the formation of the will of the Federation because in this way they "take part in a law making process and government of the Federation" (Article 50 of the Basic law).The above norm of the Basic law of FRG was added by the Law dated 12.12.1992 according to which "through the Bundesrat the lands participate. in the European Union affairs". Germany pays special attention to the norms of the constitutional legislation which regulate the issues of its financial relationship with the European Union. The law dated 28.08.2006 made some amendments to these norms of the Basic law of FRG.
Keywords
Основной закон ФРГ, Бундесрат, Европейский союз, Маастрихтский договор, Лиссабонский договор, европейская интеграция, basic law of FRG, Bundesrat, European Union, Maastricht treaty, Lesbon treaty, European integrationAuthors
Name | Organization | |
Gamebuch N.G. | Tomsk State University | nadgeym@mail.ru |
References

The constitutional legislation of Germany in the sphere of cooperation of the state with European Union institutions | Tomsk State University Journal of Law. 2014. № 3(13) .