This morning (20 March 2020), contrary to the expectations of
most commentators, the German Constitutional Court has upheld the
complaint against Germany’s ratification of the UPC.
However, it appears to have done so on the basis that it did not
have the two-thirds super-majority required under the German
Constitution for a transfer of judicial authority.
If that means that the other, more fundamental, objections were
rejected, then if there is still support for this project in
Germany, there could potentially be a further vote within the
German parliament, and the UPC could be brought into effect in due
course.
That said, changes would have to be made first in view of the UK
government’s recent decision not to take part in the UPC,
despite having ratified the treaty post-Brexit.
