Legal Compatibility of European Integration in Security and Defence matters with German and French Constitutional Law (PDF)

Master's Thesis from the year 2019 in the subject Law - European and International Law, Intellectual Properties, grade: 7 / 9, Maastricht University (Law), language: English, abstract: This research undertakes a comparative analysis of the constitutional limitations and freedoms of France and Germany in regard to the establishment of the European Security and Defence Union. Integration in a sensitive policy-field will certainly lead to political debates, but where are the limits of national constitutions to this process? Which constitutional legal conditions are imposed when the conferral of substantive competences that touch the structural sovereignty of a state to the Union is required? What are the differences and similarities in the national constitutions of Germany and France for the conferral of powers to the Union?

Allowing to explore these and other questions, the constitutional law is analysed and in a subsequent discussion, the findings of the analysis is assessed to identify provisions restricting or facilitating further integration. These crucial provisions are evaluated and a potential path for overcoming the restricting laws is deduced. France and Germany have different constitutional provisions and requirements, which allow for the establishment of a common European Security and Defence Union. Both constitutions also set high hurdles for the conferral of sovereign powers to the Union and limit the abilities of a common Defence policy.

Seen against this background, the conclusion of international agreements appears to be first steps of an incremental approach to reach a common policy. The most promising avenue for future research could be the employment of comparative legal research methodology applied to multiple legislations in order to check for their mutual compatibility in certain policy areas. This approach allows for the identification of likely expectations of future development in this policy area.