In Germany, the political demand to leave the EU has hardly been relevant so far. Nevertheless, the development in the UK shows that one cannot rely on European integration always going in one direction. Therefore, it seems worthwhile to examine whether such a disengagement from the EU would be permissible at all under current German constitutional law. This line of questioning leads to the long-standing controversial questions about the relationship between national sovereignty and European integration. A stocktaking shows that the wording of the Basic Law does not contain any direct statements. From the German point of view, the constitutional provision in the sense of Article 50 (1) TEU is Article 23 GG. The central rulings of the Federal Constitutional Court do not bring clarity either. A withdrawal of Germany from the EU is, according to the conclusion of this contribution, especially after a look at the constitutional history, only permissible after a constitutional amendment.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!