The Case of Manfred Brunner v The European Union Treaty

The adoption of a single currency and the monetary policy of the EMU were the issues at stake as appearing in conflict with the functions and powers of the Bundesbank. The provisions of the Act of Accession in the Maastricht Treaty and the degree of their applicability within the individual constitutions of the member states of the European Union were established in this case. The European Charter of Fundamental Rights was also a relevant document in this case, as established through a joint proclamation by the European Parliament, the Council and the Commission at Nice, which was to apply to the fundamental rights of all member states of the European Union.The major legal issue involved was the degree of the supremacy of European Community law over German constitutional law. The conflict arose between the monetary policy of the EMU as impacting upon the democratic legitimacy of the Constitution of Germany. Article 53 of the European Charter of Fundamental Rights states. Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental rights as recognized,…..including…..the member States Constitution. The legal issue at stake was the protection of individual rights of a German national against infringements caused by acts passed by the German authorities in accordance with European Community law. The issue was how far the provisions of the Act of Accession could be applied in terms of EU Monetary policy and the extent to which they would be binding in the context of German sovereignty. The German Constitutional Court had to consider the issue of the functioning of State organizations which could be mandated and fashioned by the will of the people and could not be governed by an external entity such as the European Treaty.