The European Union is not a state and does not have comprehensive jurisdiction

Berlin. The former president of the Federal Constitutional Court, Hans-Jürgen Paper, considers the infringing measures taken by the European Union against Germany to be unjustified. Of course, the Federal Constitutional Court has the right to protect national constitutional principles such as the Budget Act in Parliament. “For me, the Federal Constitutional Court rightly emphasized the essence of German constitutional law, which in particular includes the principle of democracy,” Papir analyzed in an interview with the magazine. techie insight. “Here, the German legislature, even if it so decided by a qualified majority, is prevented from ceding sovereign rights to the point of undermining the basic budget right of the parliament elected by the people.” In various decisions, the Federal Constitutional Court has repeatedly asserted that this principle of democracy will be violated if Germany is subjected to “unlimited, unrestricted and unrestricted liability,” according to the newspaper. “Such liability for third-party debts and unlimited debts would damage the Bundestag’s budget law in its foundations.”

The European Union advises the newspaper not to radicalize the conflict. The action will escalate this tension. At the same time, this conflict is ultimately unresolvable, and eventually must inevitably lead to a fundamental change in European treaties.” In addition, the German Constitutional Court is by no means alone in its position. All constitutional courts that have jurisdictions similar to those of the German Federal Constitutional Court may in principle view it in a similar way.” In addition, the EU Treaty “explicitly states that the Union respects and must respect the national identity and the basic constitutional structures of member states,” as The constitutional lawyer asserts. “The European Union is not a state, not a federation, but, according to its own constitutional structure, it is a union of states of a special kind, an association of constitutionally and democratically constituted member states. So it does not have efficiency in all respects. The EU and its organs cannot always give themselves additional powers or give themselves in the sense of responsibility at the state level. But there is a danger.”

Full interview in Tichys Insight 12-2021 issue >>>