@article{2014:haug:muss_wirkl,
title = {Muss wirklich jeder ins Europäische Parlament? Kritische Anmerkungen zur Sperrklausel-Rechtsprechung aus Karlsruhe},
year = {2014},
note = {The ruling of the German Federal Constitutional Court’s on the
election threshold of the European Electoral Law fails to clearly
establish an Electoral Law that can provide for a functional and
operational parliament. Numerous national centered stands are taken in
the ruling which are in stark contrast to the pro-European spirit of
the Grundgesetz. It does not appreciate adequately the importance of
the EP as a democratically and directly legitimized organ of
integration and representation for about half a billion people. The
Court furthermore lacks in understanding the political dimension of
the EP’s and its factions’ mode of operation. In addition the
ruling disregards former verdicts of the Court and the distinction
between the authority realms of the constitutional jurisdiction and
the legislature, whose interests and motivations are depicted in a
partial and negative manner. Here, the Court takes its prerogative of
interpretation in regard to the Grundgesetz to such an extreme that
its actions bear more resemblance to that of a political agent than
that of a supervising organ. [ZParl, vol. 45, no. 2, pp. 467 – 489]},
journal = {ZParl Zeitschrift für Parlamentsfragen},
pages = {467--487},
author = {Haug, Volker M.},
volume = {45},
number = {2}
}