EU court corrects highest German judge in case of ECB buying program

In a thorny legal issue about the European Central Bank’s buy-back program, the European Court of Justice has sued the highest German judge. In general, the highest European judges say that they are the only ones who have the power to judge a European body such as the ECB. In doing so, they declare a judgment of the German Constitutional Court to be unlawful.

This German Constitutional Court in Karlsruhe ruled on Tuesday that Germany should no longer participate in the European debt buy-back program worth 2.7 trillion euros if the ECB does not explain the policy within three months. The European Court of Justice now says in general terms that it is not for the Germans to judge this.

Bomb under the ECB

Professor of Economic and Monetary Union law, René Smits, mentioned that the German Court was bent on a European institution. “It is a bomb under the independence and functioning of the European Central Bank, it is a slap in the face of the European Court of Justice and it turns the ax on the roots of European integration, “he said Tuesday.

So now the European Court of Justice itself responds, without directly addressing the Germans. In the statement, the court states “never to comment on judgments of a national court”. The court therefore refers “in general” to settled case law in the EU.

In addition, national courts are “required to ensure the full effect of Union law” and court rulings are binding. The Court of Justice has warned that differences of opinion on the validity of judgments may jeopardize the unity of the EU legal order and impair legal certainty.

The court “will not communicate further on this subject”.

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