The German Länder in the Process of European Integration between Föderalismusreform and Reform

Abstract: The recent reform of the German federal system in 2006 and the ongoing reform of the EU both arouse a new interest in the rights of the German Länder in EU decision–making. The article addresses four issues. First, how the transfer of powers of the Länder to the EU takes place. Second, the forms of direct and indirect participation of the Länder in EU decision–making. Third, the judicial defence of the Länder competences at both national and European level against invasions by the European Community (EC).Finally, the fulfilment of EU obligations in the internal sphere. It is submitted that a relevant loss of competences by the Länder is unavoidable in the context of the European integration, whose focus is on the Member States. Such a loss of competences cannot be fully compensated by the participation rights conferred on the Länder. Nonetheless,such participation rights are to be regarded as an essential element in order to remedy the EU democratic deficit and to preserve the federal structure of Germany.