But the Lisbon Treaty was made compliant with the constitution – now the Irish referendum is decisive

by Tobias Pflüger

On June 30 the German Constitutional Court decided in an exciting verdict whether the Lisbon Treaty is unconstitutional. But the court used a trick by declaring the treaty per se as constitutionally compliant, but at the same time declaring that part of the accompanying legislation as unconstitutional, which was used by the Bundestag (lower house) and Bundesrat (upper house) to ratify the treaty: “The law about the extension and strengthening the rights of the Bundestag and Bundesrat regarding the affairs of the European Union (extension law) is violating article 38 (1) as related to article 23 (1) of the constitution insofar as the participatory rights of the German Bundestag and Bundesrat have not sufficiently been developed."
http://tobiaspflueger.twoday.net/stories/5866125/