Lock, Tobias

The article critically assesses the German Constitutional Court's (Bundesverfassunsgericht) arguments on why the EU is currently not a state. It is argued that the EU has got a certain degree of Kompetenz-Kompetenz and that the Bundesverfassungsgericht's argument in that respect is not convincing. Furthermore, the article addresses the Bundesverfassungsgericht's discussion of the EU's democracy deficit and questions whether the court's argument that the EU is democratic precisely because it is not a state is convincing

The Bundesverfassungsgericht On:Why the European Union is Not a State - Some Critical Remarks

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