Explained: Why a recent verdict of Germanys top court has sent shockwaves across EU – The Indian Express
By: Explained Desk | New Delhi | Updated: May 9, 2020 3:29:57 pm The German ruling came to the delight of Eurosceptics, and was echoed by governments that have been in the EUs crosshairs. (Source: Reuters)
On Tuesday, Germanys constitutional court sent shockwaves through the European community as it questioned the legality of a past ruling of the European Court of Justice.
The judgment from Germany, which mainly takes aim at a bond-buying scheme of the European Central Bank (ECB), is seen at its heart as challenging the long-settled hierarchy of European Union (EU) judiciary, and has since resonated with many governments and politicians in the EU that are critical of its policies.
The European Court of Justice (ECJ), a supranational institution, is a part Court of Justice of the European Union (CJEU), and is the European Unions supreme court in matters of EU law.
Founded in 1952 after the Treaty of Paris, the Luxembourg-based court ensures that EU law is interpreted and applied the same in every EU country, and ensures that countries and EU institutions abide by EU law. It settles legal disputes between national governments and EU institutions.
In terms of hierarchy, the national courts of member countries are understood to be below the ECJ in matters of EU law.
In 2018, the ECJ had ruled that a EUR 2 trillion bond-buying scheme of the European Central Bank (ECB), aimed at reinvigorating the EU economy after the multi-year European debt crisis, was legal as per EU law.
In Germany, opponents of the scheme had for years complained to the German Constitutional Court, the countrys highest, which in turn had expressed its concerns on parts of the scheme in 2017. This week, however, the German court dropped its biggest bombshell.
On Tuesday, the German court ruled that the ECJs 2018 ruling was ultra vires, meaning beyond the latters legal authority, and said that it did not properly address whether the ECB scheme was justifiably suited for the EU economy.
Express Explainedis now onTelegram. Clickhere to join our channel (@ieexplained)and stay updated with the latest
Speaking of the 2018 ECJ decision, the German court said in a press release: This view manifestly fails to give consideration to the importance and scope of the principle of proportionality [] which applies to the division of competences between the European Union and the Member States and is simply untenable from a methodological perspective given that it completely disregards the actual economic policy effects of the programme.
If any Member State could readily invoke the authority to decide, through its own courts, on the validity of EU acts, this could undermine the precedence of application accorded to EU law and jeopardise its uniform application. Yet, if the Member States were to completely refrain from conducting any kind of ultra vires review, they would grant EU organs exclusive authority over the Treaties even in cases where the EU adopts a legal interpretation that would essentially amount to a treaty amendment or an expansion of its competences, it said.
The German court has now given the ECB three months to prove that the bond-buying scheme was proportionate as per the EUs actual needs.
After the ruling, the European Commission underlined the supremacy of the ECJ, saying, Notwithstanding the analysis of the detail of the German Constitutional Court decision today we reaffirm the primacy of the EU law, and the fact that the rulings of the European Court of Justice are binding on all national courts.
The German ruling came to the delight of Eurosceptics, and was echoed by governments that have been in the EUs crosshairs. Polands Deputy Justice Minister said, For several months, the Polish government has been clearly saying that the EU cannot overstep its competences and said that the German verdict is of tremendous importance for his country.
Critics of the German verdict say it could strike at the legal foundations of the 27-member zone, and the ensuing power struggle between the two courts could lead to a rewriting of EU treaties in itself a highly contentious process. Some economists have also slammed the judges understanding of monetary policy of both the German and EU courts.
Dont miss from Explained | Are immunity passports and release certificates the way to go?
Belgiums former prime minister Guy Verhofstadt said, If every constitutional court of every member state starts giving its own interpretation of what Europe can and cannot do, its the beginning of the end.
Experts believe that national courts in Poland and Hungary could now follow the precedent set by Germany in challenging the EU courts orders.
The Indian Express is now on Telegram. Click here to join our channel (@indianexpress) and stay updated with the latest headlines
For all the latest Explained News, download Indian Express App.
The Indian Express (P) Ltd
Original post:
Explained: Why a recent verdict of Germanys top court has sent shockwaves across EU - The Indian Express
- European Union's Lubricating Oil Additives Market to Expand at a CAGR of +2.4% Through 2035, Reaching $103.1B in Market Value - IndexBox - July 2nd, 2025 [July 2nd, 2025]
- New spokesperson for the European Union Mission in Mozambique is from Minho - EEAS - July 2nd, 2025 [July 2nd, 2025]
- European Union nations call for stricter limits on sperm donation - Live Action | Pro-Life - June 29th, 2025 [June 29th, 2025]
- European Union's Cheese Market: Increasing Demand for Grated, Powdered, and Blue-Veined Cheeses to Drive Market Growth to 7M tons and $48.4B by 2035 -... - June 29th, 2025 [June 29th, 2025]
- European Union's Silver Market to See Slight Growth with +1.3% CAGR Driving Consumption Trends - IndexBox - June 29th, 2025 [June 29th, 2025]
- European Union's Grape Market to Witness Mild Growth with CAGR of +0.5% from 2024 to 2035 - IndexBox - June 29th, 2025 [June 29th, 2025]
- European Union Set to Redefine Budget Air Travel with Ambitious Policy Guaranteeing Free Carry-On Luggage and Greater Passenger Freedom on All EU and... - June 29th, 2025 [June 29th, 2025]
- European Union's Iron and Steel Slabs, Billets, and Blooms Market to Exhibit Slight Growth with CAGR of +0.4% through 2035 - IndexBox - June 29th, 2025 [June 29th, 2025]
- The United States has submitted a fresh trade deal proposal to the European Union - Forexlive | Forex News, Technical Analysis & Trading Tools - June 29th, 2025 [June 29th, 2025]
- Why Apple is revamping its App Store terms in the European Union - Fast Company - June 28th, 2025 [June 28th, 2025]
- Fiala: The European Union should not terminate the association agreement with Israel - European Newsroom - June 28th, 2025 [June 28th, 2025]
- European Union's Nitric and Sulphonitric Acids Market to Reach 1.5M Tons and $586M by 2035 - IndexBox - June 28th, 2025 [June 28th, 2025]
- European Union's Aniline Derivatives Market Expected to See +1.5% CAGR Growth Over Next Decade - IndexBox - June 28th, 2025 [June 28th, 2025]
- One-sided account of Israels actions in Gaza, Bnai Brith says of European Union report - JNS.org - June 28th, 2025 [June 28th, 2025]
- Importing Conflict into the European Union Not the Way to Peace, Hungarian PMs Political Director Says - The European Conservative - June 28th, 2025 [June 28th, 2025]
- After NATO Deal, How Far Will European Union Go For Trade Peace With Donald Trump - NDTV - June 28th, 2025 [June 28th, 2025]
- European Union divided over response to suspected Israeli rights breaches - Reuters - June 24th, 2025 [June 24th, 2025]
- The European Union and Canada open a new chapter in their cooperation - European Commission - June 24th, 2025 [June 24th, 2025]
- European Union military engagement in the Western Balkans: peacekeeping or strategic containment? EUs mission EUFOR Althea case study - PubAffairs... - June 24th, 2025 [June 24th, 2025]
- Lavrov announced the manifestation of rebellion in the controlled "herd" of NATO and of the European Union - EADaily - June 24th, 2025 [June 24th, 2025]
- Spain will ask the European Union to suspend the association agreement with Israel - Pressenza - International Press Agency - June 24th, 2025 [June 24th, 2025]
- European Union divided over response to suspected Israeli rights breaches - The Japan Times - June 24th, 2025 [June 24th, 2025]
- Israels appetite for war in Gaza threatens its relationship with the European Union - The Guardian - June 24th, 2025 [June 24th, 2025]
- Hybrid launch of 'The Routledge Guide to the European Union (2nd edition)' with Ian Bond, Mark Leonard and Armida van Rij - Centre for European Reform... - June 24th, 2025 [June 24th, 2025]
- The role of services of general interest (SGI) for competitiveness, social cohesion and democracy in the European Union - EESC - June 24th, 2025 [June 24th, 2025]
- European Union's Boring or Sinking Machinery Market to Reach 44K Units and $2.2B Value by 2035 - IndexBox - June 24th, 2025 [June 24th, 2025]
- European Union: AI Partnerships and DMA Enforcement Top of the Agenda for European Regulators - Wilson Sonsini - June 22nd, 2025 [June 22nd, 2025]
- European Union's Beverage Filtration Machinery Market to Reach 1.2M Units and $612M by 2035 - IndexBox - June 22nd, 2025 [June 22nd, 2025]
- European Union's Hydraulic Press Market Expected to Grow with 289K Units and $2.4B Value by 2035 - IndexBox - June 22nd, 2025 [June 22nd, 2025]
- Statement by the Ministers of Foreign Affairs of France, Germany, and the United Kingdom, together with the High Representative of the European Union... - June 22nd, 2025 [June 22nd, 2025]
- Rare earth access is the European Union's priority at China summit - Reuters - June 20th, 2025 [June 20th, 2025]
- Germany, Italy, Netherlands, Spain, Czech Republic, Denmark and Twenty One Countries in European Union Threatening to Suspend Israel Schengen Visa... - June 20th, 2025 [June 20th, 2025]
- European Union's Lifts and Elevators Market to Grow at a CAGR of +0.9% through 2035, Expected to Reach 665K Units - IndexBox - June 20th, 2025 [June 20th, 2025]
- European Union's Packaging Machinery Market to Increase at a CAGR of +2.2% Reaching $6.3B by 2035 - IndexBox - June 20th, 2025 [June 20th, 2025]
- The European Union announced the rejection of Russian gas at the wrong time: the price is approaching $ 500 - EADaily - June 20th, 2025 [June 20th, 2025]
- The European Union Watches from the Sidelines - inss.org.il - June 20th, 2025 [June 20th, 2025]
- How is disinformation addressed in the member states of the European Union? 27 country cases - EDMO.eu - June 18th, 2025 [June 18th, 2025]
- Literature review on actors of disinformation in the European Union - EDMO.eu - June 18th, 2025 [June 18th, 2025]
- Akriila and the European Union collaborate to give voice to Chiles clean energy future in new track The Power - EEAS - June 18th, 2025 [June 18th, 2025]
- Israel/Iran: Statement by the High Representative on behalf of the European Union - consilium.europa.eu - June 18th, 2025 [June 18th, 2025]
- Trump Drops Papers He Just Signed and Mistakenly Refers to the U.K. as The European Union - Mediaite - June 18th, 2025 [June 18th, 2025]
- In April, imports of plywood to European Union increase 5% - lesprom.com - June 18th, 2025 [June 18th, 2025]
- European Union warns of retaliation over Trumps steel tariff hike - The Indian Express - June 1st, 2025 [June 1st, 2025]
- News: NATO and the European Union unite for Ukraine at a NAC - PSC meeting, 28-May.-2025 - NATO - Homepage - June 1st, 2025 [June 1st, 2025]
- Its Time for Israel To Join the European Union - The Media Line - June 1st, 2025 [June 1st, 2025]
- Beijing-based Ambassadors of the European Political Community (EPC) met at the European Union Delegation to China - EEAS - June 1st, 2025 [June 1st, 2025]
- Tech tariffs? A brewing conflict with the European Union and within the Trump administration - Washington Examiner - June 1st, 2025 [June 1st, 2025]
- European Union on its way to reach a 54% GHG emissions reduction by 2030 - Enerdata - June 1st, 2025 [June 1st, 2025]
- Trump Advisor Jason Miller Warns of the Threat European Union Poses to Free Speech - floridianpress.com - June 1st, 2025 [June 1st, 2025]
- Trump says trade negotiations to begin soon between U.S. and European Union - MSNBC News - June 1st, 2025 [June 1st, 2025]
- European Union accuses TikTok of breaching digital rules with lack of transparency on ads - AP News - May 15th, 2025 [May 15th, 2025]
- What should the European Union aim for in a trade deal with Trump? - Bruegel - May 15th, 2025 [May 15th, 2025]
- European Union accuses TikTok of breaching digital rules with lack of transparency on ads - Ottumwa Courier - May 15th, 2025 [May 15th, 2025]
- European Union election observation mission publishes its final report with 19 recommendations; genuine political will needed to reinforce democratic... - May 15th, 2025 [May 15th, 2025]
- Digital Anonymity in Danger! What is the European Union deciding? - Red Hot Cyber - May 15th, 2025 [May 15th, 2025]
- The European Union and the United States reach an agreement to enhance trade talks - - May 15th, 2025 [May 15th, 2025]
- EU and UK at loggerheads over fishing rights and youth mobility | European Union - The Guardian - May 15th, 2025 [May 15th, 2025]
- European Union agrees on 17th sanction package against Russia (VGK:NYSEARCA) - Seeking Alpha - May 14th, 2025 [May 14th, 2025]
- The European Union celebrates Europe Day 2025 with the exhibition Panama and Europe: routes that connect - EEAS - May 14th, 2025 [May 14th, 2025]
- European Union's Nails and Staples Market Expected to Grow at CAGR of +0.9% Over Next Decade - IndexBox - May 14th, 2025 [May 14th, 2025]
- Gavin Willsey reaches milestone at the Midwest Model European Union competition - Stephen F. Austin State University - May 10th, 2025 [May 10th, 2025]
- Europe Day NYC: Celebrating 75 years of the European Union, from vision to reality - EEAS - May 10th, 2025 [May 10th, 2025]
- Meet the MEP who wants to bring Canada into the European Union - Euronews.com - May 10th, 2025 [May 10th, 2025]
- European Union: The European Commission's action plan to drive innovation, sustainability and competitiveness in the automotive sector - Global... - May 10th, 2025 [May 10th, 2025]
- European Union launches $566 million drive to attract researchers scared off by Trump moves on science and universities - Fortune - May 10th, 2025 [May 10th, 2025]
- Georgians Risk Losing Their Visa-Free Travel Privileges To The European Union Amid Growing Tensions - Travel And Tour World - May 10th, 2025 [May 10th, 2025]
- The Delegation of the European Union to the Republic of Korea Marking Europe Day 2025 under the Theme "Partnering for Peace and Security" -... - May 10th, 2025 [May 10th, 2025]
- 'We call on the European Union to endorse a confederation of the states of Israel and Palestine in one homeland' - Le Monde.fr - May 3rd, 2025 [May 3rd, 2025]
- The European Union does not plan to participate in the settlement of the conflict on Ukraine - EADaily - May 3rd, 2025 [May 3rd, 2025]
- European Union's Soybean Oil Market to Grow at a CAGR of +0.8% Over the Next Decade - IndexBox - May 3rd, 2025 [May 3rd, 2025]
- European Union's Methanol Market to Exhibit Slow Growth with CAGR of +0.2% through 2035 - IndexBox - May 3rd, 2025 [May 3rd, 2025]
- European Union's Alumina Market to Reach 7.1M Tons and $4.8B by 2035 - IndexBox - May 3rd, 2025 [May 3rd, 2025]
- European Union's Stranded Wire, Ropes and Cables Market to Reach 1.6M Tons and $6.6B by 2035 - IndexBox - May 3rd, 2025 [May 3rd, 2025]
- European Union's Frozen Potatoes Market to Witness Strong Growth with CAGR of +5.7% from 2024 to 2035 - IndexBox - May 3rd, 2025 [May 3rd, 2025]
- The European Union just issued a dire warning to its 450 million citizens: Stockpile supplies and prepare for disaster - Fortune - March 26th, 2025 [March 26th, 2025]
- The European Union is preparing for war and is calling for emergency reserves in every home - CiberCuba - March 26th, 2025 [March 26th, 2025]
- The European Union rejected Russias demand for a ceasefire in exchange for lifting sanctions - - March 26th, 2025 [March 26th, 2025]
- Exclusive | European Union to slap Meta with fine up to $1B or more for breaching strict antitrust rules: sources - New York Post - March 26th, 2025 [March 26th, 2025]
- Peter Rough sat down with Kaja Kallas, European Union high representative for foreign affairs and security policy and European Commission vice... - March 26th, 2025 [March 26th, 2025]
- Court of Justice of the European Union: Member states representatives appoint thirteen judges to the General Court - consilium.europa.eu - March 26th, 2025 [March 26th, 2025]