24 Arts. 23 et seq. GG: International Integration

Abstract

This chapter discusses the relevant provisions of Art. 23 et seq. of the Grundgesetz (GG) with regard to the international integration of the Federal Republic of Germany. Art. 23 establishes a special constitutional basis for Germany's participation in the founding of the European Union. Art. 23 para. 1 s. 2 GG contains a provision on authorisation to transfer sovereign powers, whereas Art. 23 para. 1 s. 1 includes a ‘structural safeguard clause’ which imposes limits on legislation integrating Germany into the EU. The chapter examines the Federal Constitutional Court's jurisprudence concerning Germany's integration into the EU, with emphasis on issues such as transfer of sovereign powers, the relationship between EU law and national law, and limits on the legislature when passing EU integration laws. It also considers the provision allowing Germany to enter into a collective security system, focussing on the limits on sovereign rights.