2021

National parliaments lose autonomous decision-making powers as a result of the political choice to conclude the Trade and Cooperation Agreement with the United Kingdom as an EU-only agreement. It is only the second association agreement, besides the one with Kosovo, for which this solution was chosen. Daniel Thym explains the tricky questions of competence the choice of legal basis involves and rebuts criticism of a violation of the case law of the German constitutional court in a hearing of the European affairs committee of the German Bundestag – both in his written contribution (in German) and ‘live’ in Berlin. See also the post for the Verfassungsblog (in German). You may follow the videocast of the debate in the media centre of the German parliament (or read the report in the Express on the hearing).