The Federal Constitutional Court has dismissed a number of constitutional complaints and the actions of a left-wing parliamentary group against the provisional application of the EU-Canada trade agreement CETA. The court in Karlsruhe explained that the Council of the European Union did not exceed its capacity with the decision on the provisional application. Constitutional complaints against a decision by the Council on the conclusion of the Seta and the German Approval Act are also unacceptable as both are still pending.

However, the Second Senate raises doubts about whether the transfer of sovereign rights – for example to the judiciary – would be covered by the German Basic Law provided for in the final treaty. However, with only limited application at present, the risk is excluded that the EU exceeds its powers and transfers sovereignty to which only member states are entitled. The principle of democracy is also not affected by the provisional application of the CITA agreement.

Contract not partially ratified

Ceta is tentatively effective from September 21, 2017. Several member states, including Germany, have yet to ratify the agreement. It aims to facilitate trade between the European Union and Canada and eliminate, among other things, almost all customs duties.

In 2016, Karlsruhe already rejected urgent requests against the agreement and allowed Germany’s provisional participation – albeit subject to conditions. Among other things, only those parts that are within the competence of the European Union were allowed to come into force for the time being. The two constitutional complaints, filed in 2016, were supported by nearly 200,000 citizens. After Tuesday’s decision, Germany can continue to participate in this preliminary agreement.

Clay/STI (AFP, RTR, DPA)