In Germany, the Maastricht Treaty passed the Bundestag on December 2, 1992, with a majority of 543 out of 562, and the Bundesrat with unanimity. The Bundestag was required to amend the Grundgesetz (German Basic Law) to “legalize Germany’s membership in the European Union (Article 23) as well as to install a European Monetary Union (Article 88).” The ratification was delayed by challenges at the German Federal Constitutional Court, the complainants claiming the amendments transferring sovereign competencies to the European Union violated democratic principles (Article 20 and 38(1)) of the Grundgesetz that were unamendable (Article 79(3)); hence the Maastricht Treaty should be inadmissible. The court delivered its judgment on October 12, 1993 ruling the Maastricht Treaty compatible with the Grundgesetz, but provided that the European Union could not endow itself with more powers without the Bundestag’s approval. The court also confirmed its Solange II decision accepting the supremacy of European Court of Justice decisions while retaining the power to review secondary community law as to guarantee basic rights protection in close cooperation with the European Court of Justice. Germany was the last member state to ratify the treaty and it entered into force on November 1, 1993.
In gerMaNY, the mAastRicht treaty passEd the BunDestag on DecemBer 2, 1992, wITh a Majority OF 543 OuT of 562, and The bundeSraT witH UnAnImity. tHE bundesTag waS required to AmEnd The grundgEsEtz (gErMaN bASic lAW) to “LegALize GermAnY’S mEmBErSHiP iN thE EurOpean uNion (arTicle 23) As wElL aS to InStaLl a european MonetaRY UniOn (arTicle 88).” tHE ratiFicaTion wAs DelAYed by chAlleNGeS At the gerMAn fedEral cOnsTitutionAL CoURT, thE coMplaInAnTS claimIng tHe amendmeNtS tRaNSferRinG sOvEreiGN CompETEncIes To thE eurOPeaN Union vIolatEd democraTic PRiNciples (arTicle 20 and 38(1)) of the gRUnDGESeTz tHaT wEre unAmeNdaBle (ArtiCLe 79(3)); HeNce THE maastRicHt treaty shoUld be INaDmissibLE. The court delIVered iTs jUdgMenT ON oCtober 12, 1993 ruling the maastrIcht trEATy compATible with tHe gruNDgesetZ, but Provided that the eURopean unioN coULd not endow ItsELf WIth mORe powErs withOut The bundesTag’S approVal. the cOuRt alSo confirmed Its soLaNGe II deciSIOn AccEPTiNg the sUpremaCy Of EUroPean court of JuSTIcE decisIONS while retaIning THE powEr to reView SECONDAry cOMmuNiTY lAW aS to guArantee basIC rigHTs proTEction IN ClosE cOopERation wiTh THe euROpean couRt oF justIce. geRmAnY was thE last MEmBeR StaTe to rATIfY thE tReaTy and it enTereD intO foRCe oN NovEmBER 1, 1993.