| Critical accounts of EU politics diagnose various asymmetries resulting from
the dynamics of integration: (1) European integration is dominated by judicial
and executive politics rather than legislative politics. (2) The constitutionalization
of European Treaty freedoms provides an opportunity structure for individuals
claiming their rights, but the capacity to pursue public interest concerns
at the national level is undermined and it is not fully compensated for at the
European level. (3) Finally and closely connected to both previous aspects, EU
integration and EU democratization have not developed synchronously and,
therefore, the EU suffers from a ‘democratic deficit’.
These criticisms have been pointed out in the complaints against the Treaty
of Lisbon and were discussed during the proceedings before the German Constitutional
Court (GCC). The final judgement addresses all of these issues, but it
fails to provide any remedy. In contrast, through its interpretation of the integration
process so far and by erecting barriers to further integration, the GCC sustains
and even reinforces the asymmetrical status quo of European integration. |
Blauberger, Michael
2010
Bremen, ZERP Discussion Paper No 1/2010, p.47-53.
in: Andreas Fischer-Lescano / Christian Joerges / Arndt Wonka (eds.): The German Constitutional Court’s Lisbon Ruling: Legal and Political-Science Perspectives
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