The Federal Constitutional Court has rejected a number of constitutional complaints and the action of a left-wing parliamentary committee against CETA’s temporary application for the EU – Canada Trade Agreement. The court in Karlsruhe declared that the Council of the European Union had not violated its powers with its decision on the provisional application. Constitutional complaints against the Council’s decision on the decision of the Ceta and the German Consent Act are also unacceptable because both are still pending.
The Second Senate, however, raises doubts as to whether the transfer of sovereign rights granted in the final treaty – for example in the judiciary – would be covered by German fundamental law. However, with the currently limited application, the EU is violating its powers and the risk of transferring sovereignty to member states is excluded. The policy of democracy has not been affected by the temporary application of the Cheta Agreement.
The agreement was partially ratified
Ceta is temporarily in effect from September 21, 2017. Many member states, including Germany, have not yet ratified the treaty. It aims to facilitate trade between the EU and Canada and, among other things, regulate the elimination of almost all customs duties.
In 2016, Karlsruhe already rejected urgent requests against the treaty and allowed Germany’s temporary participation – however conditional. Among other things, only EU-eligible areas are currently allowed to operate. The two constitutional complaints filed in 2016 were supported by a total of 200,000 citizens. After Tuesday’s closing, Germany could continue to participate in the preliminary agreement.
kle / sti (afp, rtr, dpa)
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