Saturday, May 5, 2012

Brunner and Others v. The European Union Treaty case brief

Brunner and Others v. The European Union Treaty


-Suit against Germany’s signature of the Maastricht Treaty.  


-Claim: approval of the TEU would violate the principle that all state power emanates from the people and would infringe on basic rights in German Constitution.

-Court states: Treaty establishes a European federation of states, which is based on the Member States and respects their identities; it concerns Germany’s membership of supranational organizations, not its belonging to a European state.


-Constitution was open to integration.

-The exercise of sovereign power through a federation of states like the EU is based on authorizations from States which remain sovereign and which in international matters generally act through their governments and control the integration process thereby.
-There cannot be a ‘surrender of powers’.
-TEU satisfies the requirements of certainty because it lays down the future course of implementation.

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