The community administration believes that the German Constitutional Court (TC) has exceeded its powers.
Following a controversial ruling by the German Constitutional Court on the European Central Bank’s sovereign debt purchase plan in May 2020, the European Commission launched an infringement lawsuit against Germany on Wednesday.
The community enforcement agency believes that the German Constitutional Court (TC) is beyond the scope of its powers, and the relevant judgments are “for the future practice of the court itself, as well as the Supreme Court, the Constitutional Court and the courts of other member states” because it questioned “autonomy, primacy, and validity” And the principles of uniform application of Union law and respect for the jurisdiction of the European Court of Justice”.
On May 5, 2020, the German TC determined that the government and parliament are obliged to review the proportionality of the European Central Bank’s sovereign debt purchase plan, and pointed out that without such review, the project “partially violates” the German Constitution, thereby threatening The Bundesbank must be prohibited from participating in the euro zone’s financial aid program.
The Karlsruhe Court requires the European Central Bank to prove within three months that it complies with its authorization to purchase large amounts of debt is reasonable, although in 2017, and taking into account the doubts raised by the same court, the European Court of Justice has issued a judgment that the European Union The plan passed by the Central Bank in 2015 did not violate Community law.
At that time, community executives threatened to carry out infringement procedures, emphasizing that “community law takes precedence over national law”. Although the problem was finally resolved, the committee decided to implement a “threat” today, giving Berlin two months to respond.