Brussels opens infringement proceedings against Berlin


A judgment of the Karlsruhe Court handed down in 2020 called into question the primacy of European law over national law. The European Commission has opened infringement proceedings against Berlin.

Berlin calls into question the European support plan

The European Commission has open Wednesday 9 June 2021 infringement proceedings against the court in Karlsruhe because of a 2020 judgment on the buyback of public debts by the European Central Bank (ECB) which would question the superiority of European law over national law.

By a decision of May 5, 2020, the judges of the Federal Constitutional Court of Germany, sitting in Karlsruhe demanded that the ECB justifies the compliance of its public debt redemptions with its mandate, refusing to comply with the opinion of the Court of Justice of the EU, which validated the ECB’s program at the end of 2018. The judges considered ” doubtful »The competence of the ECB to buy back the public debt. A judgment strongly criticized because it called into question the European support plan.

Possible referral to European justice

The infringement procedure includes many stages. If the European Commission and Germany cannot agree on a solution that complies with EU law, the procedure may result in a referral to European justice.

According to a document explaining the reasons for this infringement procedure, “This judgment raises serious concerns as to its compatibility with EU law, in particular the general principles of autonomy, primacy, efficiency and uniform application of Union law, as well as the jurisdiction of the Court of Justice European. And he “Constitutes a dangerous precedent for Union law”.