Since the Maastricht judgment the Bundesverfassungsgericht appears to have adopted a more conciliatory approach towards the process of European integration (Alcan, Banana and 9 January 2001 judgments). Similarly, from the Maastricht ruling, the European Court of Justice appears to be more cautious with the issue of the limits of the Community’s competence (Opinion 2/94 and Tobacco Advertising Case). However, the problem concerning the limits of the Community’s competence has not been resolved as shown in Case 285/98 (Tanja Kreil). The principle of flexibility could play a role to the solution of the competence problem. It would prevent a constitutional clash within the Member States and at the same time allow integration to proceed.
European Business Law Review