Analysis: the bitter dispute between the Court of Justice of the European Union and the German Constitutional Court


"If each constitutional court in each member state begins to give its own interpretation of what Europe can and cannot do, this is the beginning of the end," the minister said last week. Liberal MEP Guy Verhofstadt.

The beginning of the end of the EU? Even by usual Verhofstadt standards, it was pretty brutal.

His comments followed the explosive decision of the German Constitutional Court, which ruled that the Court of Justice of the European Communities (ECJ) had exceeded its mandate by authorizing quantitative easing measures from the European Central Bank.

German judges have now given the European Central Bank (ECB) three months to produce a proportionality assessment justifying its purchase of 2,000 billion euros worth of bonds to maintain the participation of the German central bank. In essence, the Court challenges the supremacy of the ECJ.

But the European Commission has responded. Its president, Ursula von der Leyen (German) exclaimed yesterday: "The last word on European law is always spoken in Luxembourg. Nowhere else. "The European Commission is even considering taking legal action against the German government. Vice-President Věra Jourová said:" We will discuss possible next steps, which may include the option of legal proceedings. # 39; offense ".

Now, this seems rather improbable and unnecessary. It is also a provocation that German Chancellor Angela Merkel will want to avoid. But the threat will help von der Leyen on charges that he is gentle or supportive of Germany.

So what will this quote from "extraordinary trial" really change?

Well, in the short term, not much. For now, the ECB does not need to stop its bond purchases, but will it hear requests from the German court to produce a "proportionality" assessment of the bond? The impact of quantitative easing within three months? And if there is one, who considers it to meet the required criteria? Essentially, the ECJ could get involved again.

In many ways, the German court reflected a feeling of national public opinion: deep frustration that they are unfairly underwriting the debts of other countries.

It has also reached the intrinsic problem at the heart of the EU. For years, the ECB has provided cover to governments that have failed to cope with the budgetary implications of monetary union. This is a sign that these same eurozone governments may have to act together.

But there are also wider implications. The CJEU applies the rules, regulations and laws of the European Union, the single market. And this has led some EU politicians and some German politicians to worry. The leader of the European People's Party, Manfred Weber, said: "The supremacy of EU law is at stake, which, for example, maintains the single market and gives investors the confidence to invest in all the corners of the world. Europe ". Politicians celebrating this decision must be careful what they wish for. "

The implications could be far-reaching. It also seems certain that this will encourage the Polish and Hungarian governments to confront the ECJ. Mateusz Morawiecki, Polish Prime Minister, told the German newspaper Frankfurter Allgemeine Zeitung that the court decision was "one of the most important" in EU history and established that "the ECJ has no unlimited powers ".

And you can bet your last dollar, it is a line that you will hear more and more and a line that governments could take more and more in the coming months.

Darren McCaffrey is the political editor of Euronews.

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