Fickentscher Toni, Requirements for the delegation of sovereign rights to the European Union, or so-called formal transfer control. Glosa do Orzeczenie Federalnego Trybunału Konstytucyjnego z dnia 13 lutego 2020 r., FCC 2 BvR 739/17

The European Union is planning the establishment of a unified European Patent Court for future judicial disputes about European patents that will be implemented in the majority of its Member States. This common court will be responsible, for instance, for complaints about patent infringements or issues concerning the existence of patents. From the point of view of German Basic Law, the establishment of the unified Patent Court requires the delegation of sovereign rights by an act of legislation (art. 23 par. 1 s. 2 BL ). Only 35 members of the parliament were present for the final positive vote for the bill in the Deutschen Bundestag . The complainant claims the violation of his right to democratic self-determination covered by art. 38 par. 1 s. 1, art. 20 par. 1 and 2, and art. 79 par. 3 BL.

The essential provisions regarding Germany’s participation in the European Union are laid down in art. 23 BL, which was incorporated into the German Constitution by the ratification of the...