The EU Commission is considering the procedure – No extra sausage for German landdie revolt of the German constitutional court against the European court of justice and against the bond purchases by the European Central Bank, a shock wave triggers. Stephan Israel69 Kommentare69EU-President of the Commission, Ursula von der Leyen insists on the primacy of the European court of justice. Photo: Reuters
It’s the fear of the Meltdown, the Ursula of the Leyen in Zugzwang brings. “The last word on EU law is always spoken in Luxembourg, nowhere else”, had to explain to the Commission President on Sunday by sending a message. The Timing for the categorical statement indicates a growing sense of Alarm, since the German Federal constitutional court has in a judgment against the multi-billion dollar sovereign bond purchases by the European Central Bank.
you take the matter very seriously, writes Ursula von der Leyen. The EU is a community of values and laws that will preserve the EU Commission at any time and defend: “That’s what keeps us together.” In fact, the EU can not leave other than a state, a police force, to the commonly agreed law. All the more dangerous, if now the German judges to the European legal architecture in question. Europe the right to speak, therefore, of a “nuclear bomb” that had detonated the German Federal constitutional court.
Poland applauded
a-bomb, because now, other national courts could take this as an example to the German colleagues. The judgment of the national-conservative government in Warsaw with Brussels and the ECJ in Luxembourg because of the erosion of the rule of law in the Clinch, prompt euphoric been recorded. Prime Minister Mateusz Morawiecki said in an Interview with the “Frankfurter Allgemeine Sunday newspaper”, one of the most important judgments in the history of the European Union. It might have been now told for the first Time in this clarity: “The contracts will be created by the member States and determine where the institutions of the EU the competence limits are.”
However, the member States have delegated competences to the EU and the primacy of EU Law over national law in the treaties, accepted. In 2017, the German Federal constitutional court had submitted to the judges in Luxembourg yet, and the action against the bond purchases, with the request instructions. Because only the ECJ is competent to judge the actions of the European Central Bank. In 2018 the EU court of justice in Luxembourg, gave the purchase the program in what is called the advance decision the blessing. This judgment, the judges in Karlsruhe have “lens arbitrary” and “methodologically more justifiable” pushed to the side.
Ursula von der Leyen has little option but to initiate, as against their own country is also a method. No extra Wurst for Germany. It is not clear what can cause such a procedure. The accusation in the direction of Berlin would be that the Federal constitutional court has set a preliminary ruling of the ECJ over. The judges in Karlsruhe, Germany, have exceeded their competences, as they decided of their own volition through the bonds program, the Euro Central Bank.
Also, the ECB could sue against the German Bundesbank, no longer should participate in the purchase programmes of the. However, the government in Berlin or the Deutsche Bundesbank, the independent judges in Karlsruhe instructions, and there is otherwise no way to make the decision. Now it is no longer clear who will be at the end of plaintiff and who is the referee.
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