Amsterdam Centre for European Law and Governance

The European Stability Mechanism and the German Constitutional Court

18Oct2012 15:30 - 16:45

Symposium

On September 12, 2012, the German Federal Constitutional Court passed down a landmark judgment on the Treaty establishing the European Stability Mechanism. In this seminar, professor Ferdinand Wollenschläger – an expert on administrative and constitutional European law – will set out the most important (constitutional) consequences of this judgment for the future of the European Union.

On September 12, 2012, the German Federal Constitutional Court passed down a landmark judgment on the Treaty establishing the European Stability Mechanism. In this case, several temporary injunctions had been requested, prohibiting the Federal President from signing the statutes passed by the Bundestag and the Bundesrat on 29 June 2012 until the decision in the principal proceedings; by signing the statutes, the Federal President would create the precondition for the ratification of the international agreements, the ESM Treaty and the Fiscal Compact, which are approved therein.

The Second Senate of the Federal Constitutional Court refused the applications for the issue of temporary injunctions. This effectively rendered the ratification of the ESM Treaty constitutional, albeit with certain conditions. The most important of these conditions relate to limiting the liability of the Federal Republic of Germany, and ensure full transparency towards the Bundestag and the Bundesrat.

In this seminar, professor Ferdinand Wollenschläger – an expert on administrative and constitutional European law – will set out the most important (constitutional) consequences of this judgment for the future of the European Union.

Speaker

 Ferdinand Wollenschläger is Professor of Public Law, European Law and Public Economic Law at the University of Augsburg (Germany) and is currently Visiting Professor at the Faculty of Law of Leiden University. In 2006, he received a Ph.D. from Munich University with a dissertation entitled ‘A New Fundamental Freedom beyond Market Integration. The Emergence of European Union Citizenship in the Regime of the Free Movement of Persons’. In 2010, Professor Wollenschläger completed his Habilitation (professorial thesis) on ‘Distributing Scarce Goods as a Task of the Administration: Parameters of Constitutional and European Union Law, Administrative Procedures in Specific Areas & the Emergence of a New Type of Administrative Procedure’, again at the Faculty of Law of Munich University.

Registration

For organizational reasons and to receive updates, please sign up for the meeting by sending an email to acelg@uva.nl.

Published by  ACELG