On Tuesday June 30 the Second Senate of the Federal Constitutional Court decided that the Act Approving the Treaty of Lisbon (Zustimmungsgesetz zum Vertrag von Lissabon) is compatible with the Basic Law.
In contrast, the Act Extending and Strengthening the Rights of the Bundestag and the Bundesrat in European Union Matters infringes Article 38.1 in conjunction with Article 23.1 of the Basic Law (Grundgesetz – GG) insofar as the Bundestag and the Bundesrat have not been accorded sufficient rights of participation in European lawmaking procedures and treaty amendment procedures.
The Federal Republic of Germany’s instrument of ratification of the Treaty of Lisbon may not be deposited as long as the constitutionally required legal elaboration of the parliamentary rights of participation has not entered into force. The decision was reached unanimously as regards the result, by seven votes to one as regards the reasoning.

The Network European Movement Germany welcomes the decision of the FCC to confirm that the Treaty of Lisbon is compatible with the Basic Law. The way for the ratification is free now – with some implications for "political Berlin" during this Summer. Due to parliamentary elections on September 27, 2009 the Bundestag and Bundesrat will have to agree and decide on the changes – on September 8 the Bundestag, the Bundesrat on September 18.

But there are also certain critical reactions within the German press and among stakeholders and politicians. The comments of the FCC regarding the role of the European Parliament are widely seen as a harsh depreciation of the EP – a critic which is shared by EM Germany. Unless EM Germany is in favour that the national parliament is forced to take more commitment and responsibility in European Policy this should not lead to a weakening of the European Parliament.

Dieter Spöri, President of Network European Movement Germany is convinced that the decision will trigger a new debate on Europe, along the citizens but also the stakeholders in Germany. Thanks to the "homework" the FCC has given to the politicians more Germans will know what´s finally in that Treaty of Lisbon.

Jo Leinen, MEP and Vice-President of EMI during an interview with dpa: "Germany might become a lame duck and change from a paragon to a late-comer in the EU. Europe might have to wait for Germany in the future."

Full press-release of the Federal Constitutional Court see: http://www.bundesverfassungsgericht.de/en/press/bvg09-072en.html