German ruling has a lesson for EU states
The court has ruled that the ratification of the treaty cannot go ahead until legislative safeguards are in place as at present both houses of the German parliament “have not been accorded sufficient rights of participation in European lawmaking procedures and treaty amendment procedures”. Simply, this requires legislation to ensure that the transfer of competencies cannot occur without approval of both houses of parliament. However, a recent survey published by Open Europe shows that 77% of the German population want a referendum on the treaty.
This highlights the democratic deficit currently at play in the EU, which will be exacerbated by a “self-amending” treaty.