The constitution and the Maastricht treaty: Between co‐operation and conflict

This contribution discusses the new Article 23 of the Basic Law, especially its implications for the Federation—Länder relationship within the European Union (EU). It proves difficult to reconcile Article 23 with fundamental principles of German constitutional law and European Community Law. Questions of compatibility of the Basic Law with European and international legal norms are then examined in the light of the Federal Constitutional Court's Maastricht judgment. The Court's assertion of jurisdiction to review the legality of Community acts, though linked to concerns about democratic accountability, is controversial in terms of international law and may also bring Karlsruhe into conflict with the European Court of Justice.