“It’s not the EU that has confidence, it’s the member states”, – he said on Monday.
The assumption that EU legislation always overcomes national legislation is wrong.
Rather, the constitutional court protects a citizen from violations of EU law in case of violation of a treaty of German federal constitutional law and fundamental rights of a citizen.
“If the European Court of Justice had exclusive jurisdiction, this would be equivalent to EU competence. As a result, the EU would become sovereign because it can expand its power at will through its courts”, – Beck said.
The Federal Constitutional Court has criticized the purchase of ECB government bonds, thus opposing the decision of the European Court for the first time. Unlike the CJEU, Karlsruhe judges ruled that the decisions of the central bank were made against competence. They called the European Court’s decision “objectively arbitrary” and “methodologically more unjustified”.
We remind that the President of the EU Commission, Ursula von der Leyen (CJEU), is considering a lawsuit against Germany after the Karlsruhe decision.
“On the basis of these findings, we are examining the possible next steps up to the court procedure on account of the violation of the treaty”, – she said.
Gigold had previously asked von der Leyen to bring a case against Germany.
“The Federal Constitutional Court is forcing the Bundesbank, the federal government and the Bundestag to enter into conflict with the ECB”, – he warned.
EU Parliament Vice President Katarina Barley (SPD) agreed. “If national courts ignore the decisions of the European Court of Justice, this is a fatal signal and a danger to the political union,” she said in an interview with Passauer Neue Presse.
Franz Meyer, a European lawyer from Bielefeld University, called the situation “extremely dangerous. According to ARD “Tagesschau”, he called the decision of the European Court of Justice a “nuclear bomb”.