Participation of the German Länder and Autonomous Communities in the European Union: A Comparative Analysis

Abstract

Participation of the regions in the European Union is a key element in the integration of the Federal States and in the process of European construction. It should be recalled that the process of European integration entails a transfer of competences to Europe that frequently affects the competences of the regions. In this work, we seek to analyse the ascendant phase: the creation of European Union Law. Germany, a benchmark Federal State and pioneer in the participation of the regions in Europe, displays a dynamic model of participation. The various constitutional reforms that have taken place in Germany in recent years have dealt with this topic, which highlights that the structure for participation of the Länder in the European Union is one of the challenges currently facing the German federal model. For its part, the Treaty of Lisbon has encouraged greater participation of national parliaments in the EU through the principle of subsidiarity. Constitutional reform of Article 23 of the Fundamental Law of Bonn, the Ruling of the Federal Constitutional Court regarding the Treaty of Lisbon (30 June 2009), and subsequent legislative reforms have strengthened participation of the German Parliament in the process of European integration. The Bundesrat and, through this Chamber, the Länder that comprise it, thus strengthen their role and functions vis-à-vis the European Union.