Sahra wagenknecht of your representative explain shortly the most Important thing, then, is for you, what impression would you smile for the cameras: narrow Victory. “The suit was worth it,” says the group Chairman, the Left decided of the judgment of the Federal constitutional court, opening the way for the free trade agreement between the EU and Canada. It had now become clear, this could get out of Germany from Ceta. But the more she talks, the more the feelings come through. That she is “not disappointed”, she then says, even if she had “hoped for more”.
More, that would have been the provisional stop of the agreement, the wanted to enforce in addition to the links group, tens of thousands of claimants and various political initiatives in Karlsruhe, Germany. With your requests, you wanted to achieve, the Federal government, the agreement on Ceta on 18. October, say in the EU Council. A week later, to sign the agreement at the EU-Canada summit, solemnly and at the same time to apply provisionally be explained.
Only areas in the EU-jurisdiction
The provisional application was now before the court, as the ultimate hurdle. Ceta is a so-called mixed agreement alongside the EU, the individual member States are Contracting partners – but only after they have ratified the 500 pages of Text, plus a range of facilities. In the months or even years, until then, Ceta creates facts. Would undermine national self-determination?
no, said court President Andreas Voßkuhle, and if the Federal government’s three points: The provisional application must be in areas that were not disputed in the EU-jurisdiction. For the decisions by the EU occupied the Joint Ceta-Committee to develop the agreement to continue, there must be a “sufficient democratic commitment”, so in the case of significant issues, a referral to the Parliament.
Finally, the government had “immediately” – Voßkule stressed that this is outside of his manuscript to explain that the government could terminate the provisional Ceta-application, one-sided. This clarification was one of the most controversial issues of the oral hearing the day before. Because not only the plaintiffs, the judges appeared to be by no means identified, who has the case of “mixed agreements” have the right to terminate: The individual state or the EU as a Whole.
“a Far-reaching impact”
With the above regulations, the decision of the eight judges of the Second Senate was obviously easier than expected. Difficult questions about the complex Ceta-content could be delivered to the subsequent proceedings on the merits. The court now had to consider just what consequences could it have for the Federal Republic of Germany, if the Ceta would in the short term stopped and the weighed significantly heavier than the agreement with the above – mentioned limitations first start.
A court stop would intervene “to a considerable extent in the wide freedom of design of the Federal government in the framework of the Euro-, Foreign and foreign economic policy,” said vosskuhle. Also in the EU. On relations with Canada, in addition to a ” no ” could have “far-reaching impact on future foreign trade agreements”. The court saw this case, a “loss of reliability” and thus, if with less dramatic words, the reasoning of the Federal Minister of Economics Sigmar Gabriel (SPD), the tags had “fears of huge damage”. Canada would embark on no new negotiations, said the Minister. And other countries, you don’t want as a Partner.
Not justify the last word
this trust was contrary to the government’s critics. Provisionally apply the agreement only to the extent that matters of the EU are affected. Of Germany is concerned, remains the same. Without the effect of the provisions for the judicial protection of investment, portfolio investment, mutual recognition of professional qualifications, work protection and to the international Maritime transport therefore remain.
at The end of his judgment, vosskuhle said that there must be the decision of Thursday to have the last word. If the government could not implement the requirements of “” stuck like you “, in last consequence, the possibility to terminate the provisional application of the agreement by written notification.” Thus, the judges in Karlsruhe open and potential applicants of the door, when in practice it turns out that Ceta scratch, but on the German sovereignty or the “constitutional identity” violates what this court regularly holds in the EU, if it appears to him grip. The “partial success”, the Left-politician wagenknecht in Afghanistan believes could be a full.