Germany’s legal system clashes with the supremacy of EU law.

Peter M Huber that drafted the German Constitutional Court’s opinion said a legal challenge against Berlin “would trigger a significant escalation, potentially tipping Germany and other member nations to a constitutional battle that would be rather difficult to resolve”. In the long term, it might “weaken or even endanger the European Union”, he added.


The Karlsruhe court also ordered the German government and parliament to carry out a “proportionality assessment” of its bond-buying strategy to ensure its own “economic and financial effects” failed to outright other political objectives.Additionally, it said the Bundesbank, Germany’s central bank, would have to stop buying bonds if the ECB failed to comply within a three-month transition period.

Mr Huber angrily hit out at the criticism of the court’s ruling, claiming he was “amazed at how one-sided and impassioned” it was. He explained the issue causing anxieties across the EU for nearly 50 years with “nearly all federal constitutional and supreme courts had been carrying issue” with the ECJ’s insistence of the primacy of EU over federal law. As long as there is no European superstate, member nations must comply with their conditional laws,” he added. 

European capitals “has to be amenable to the primacy of the application of European law, but they can also stipulate limitations,” Mr Huber said. An EU official insisted the ECJ should remain the last judge of the bloc’s legislation and if member states are implementing them correctly. They stated: “The case goes to the very heart, to the very basis of the European Union.”The Union is based on the uniform interpretation and application of legislation enforcement. Other people don’t have any union.” 

Experts have warned that if federal courts continue to fight against the supremacy of EU law, the whole system could fall. Ronan McCrea, a professor of constitutional and European law at University College London, said: “If federal courts to stop co-operating the whole system grinds to a halt. “Member countries have been upholding it all for 40 years. Perhaps we became complacent about just how weak the machine is.”

Veteran German Leader Angela Merkel has established an attempt to rebuild relations between Berlin and Brussels. The Chancellor stated she’d respect the German judges’ choice but provided support to the ECB. She said her priority was to have a “powerful single currency”, adding the ruling should help convince Europe to drive for even closer integration. Mrs Merkel, however, promised to address questions regarding the ECB and the ECJ’s authenticity “in all conscience, in full responsibility for Germany along with also a pro-European ethos”.

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