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Home > The Maastricht Treaty > Ratification Stage > Germany
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REFERENDUMS HELD ON EUROPEAN MATTERS: none

 

CONSTITUTIONAL CONDITIONS - The Basic Law of Germany

Binding referendum requires implementation by constitutional amendment. Consultative referendum can anyhow be held if ordered by ad-hoc-law.

 

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Regulation about a special transference of power to EU:
none

Approval of transfer of sovereignty without effect of constitutional amendment:
Majority of votes from both chambers, Bundestag and Bundesrat, Art. 23 I 2 Basic Law

Approval of transfer of sovereignty with effect of constitutional amendment:
Majority of 2/3 from the members of parliament and 2/3 of votes from the senate, Art. 23 I 3, 79 II Basic Law. Limit of transfer is the "clause of eternity" for the fundamental principles of the constitution, Art. 23 I 3, 79 III, 20 Basic Law.

Approval of constitutional amendment:
Majority of 2/3 from the members of parliament and 2/3 of the votes from senate, Art. 79 II Basic Law.

Other constitutional regulations about referendums:
Referendum mentioned in Art. 29, 118 Basic Law for a new formation of the federal states. Art. 20 Basic Law mentions expressly that the people practise their sovereignty besides election and through special organs of legislation and execution by holding referenda.

 
 

DATE OF RATIFICATION

Bundestag: 02.12.1992

Bundesrat:

 

RELEVANT DOCUMENTS AND MATERIAL

German Bundestag, Protocol of the plenary debate regarding the ratification of the Maastricht Treaty, 02.12.1992. (German) (PDF)

Wieland, J. (1994), Germany in the European Union - The Maastricht Decision of the Bundesverfassungsgericht, European Journal of International Law , Vol. 5 (1994) No. 2.

Beuter, Rita (1994) ‘Germany and the Ratification of the Maastricht Treaty’, in Finn Laursen and Sophie Vanhoonacker (eds) Ratification of the Maastricht Treaty: Issues, Debate and Future Implications, pp. 87–112. Dordrecht: M. Nijhoff.

 

 

© Carlos Closa 2003 - Design by Eduardo Jáuregui. Edited by Mario Kölling
Doctorado en Unión Europea