UPC launch – constitutional challenge in Germany casts doubt on country’s ratification
It has emerged from press reports and subsequent official confirmations from the German authorities that the country’s ratification process for accession to the UPC has been halted at virtually the last minute, casting doubt on the timeline for launch of the new system. This follows the lodging of a constitutional complaint against the relevant national legislative instrument.
The identity of the complainant who has asked Germany’s highest court to review the UPC package, as well as the legal challenges raised against it, remain unknown for now. Speculation ranges from alleged issues with the transfer of judicial powers or with the judicial review system provided by the UPC itself to an alleged non-observance of the required majority in the Bundestag for the adoption of the law. The move has already been successful in delaying the country’s ratification process as the Karlsruhe court has asked the German President to delay the formal signing into law of the UPC legislation until the resolution of the complaint. With Germany being a mandatory signature state for the new system this development is very likely to delay the entry into force and the start of the provisional application period of the UPC at least until autumn 2017 as confirmed yesterday by the UPC Preparatory Committee. For further background please refer to our Out-law article here.
28 Jun 2020