German judges rule that National Court should have final say on interpretation of EU law

On 30th June 2009 German judges ruled that the Treaty of Lisbon is compatible with Germany's constitution. So far so good.

However, in their judgment, the judges also ruled that they should have the final say on interpretation of EU law. The effect would be to allow Germany's highest Court to overturn judgments by the European Court of Justice  (see Frei für den nicht gewerblichen Gebrauch. Kommerzielle Nutzung nur mit Zustimmung des Gerichts. 30th June 2009).

A translation of the accompanying Press Release includes (at para c) the following:

"The authorisation to transfer sovereign powers to the European Union  ...... is ...... granted under the condition  that the sovereign statehood of a constitutional state is maintained on  the basis of a responsible integration programme according to the  principle of conferral and respecting the Member States’ constitutional  identity, and that at the same time the Federal Republic of Germany does  not lose its ability to politically and socially shape the living  conditions on its own responsibility".

Not surprisingly Jose Manuel Barroso, the head of the European Commission, has expressed great concern. He fears the judgment could undermine "the European project" and is reported as saying the judgment raises "very important and sensitive issues in terms of the competence of the European Union and other competences, namely on the understanding of the principle of subsidiarity" (see EU Observer, 16th July 2009 "Brussels expresses concern at Germany's court judgement").