|Author (Person)||Rocha, Frederico|
|Author (Corporate)||Cardiff EDC|
|Content Type||Blog & Commentary, News, Overview|
Information Guide concerning the infringement procedure launched by the European Commission against Germany on 9 June 2021 following the judgment published by the country's Federal Constitutional Court (Bundesverfassungsgericht) concerning the Public Sector Purchase Programme (PSPP) of the European Central Bank (ECB).
In May 2020, the German court handed down its judgment on the ECB's PSPP declaring it to ultra vires. It also declared a judgment of the Court of Justice of the European Union (CJEU) to be ultra vires, without referring the matter back to the CJEU.
The European Commission argues that Germany violated fundamental principles of EU Law, in particular the principles of autonomy, primacy, effectiveness and uniform application, as well as the respect of the jurisdiction of the CJEU under Article 267 TFEU. The Commission further argues that the German Federal Constitutional Court went beyond its competence and deprived a CJEU judgment of its legal effect in Germany, breaching the principle of the primacy of EU law.
The Commission noted that the German court in April 2021 rejected two requests seeking an order of execution for its judgment from 2020. However, this did not reverse the breaches concerning the principle of primacy of EU law. The European Commission thus decided to send to Germany authorities a Letter of Formal Notice on 9 June 2021, therefore starting an infringement procedure against the EU Member State. The country was given two months to reply to this letter.
|Subject Tags||EU Law, National Law | Legal Systems|
|Keywords||Nature | Principles of EU Law
|Countries / Regions||Germany|
|International Organisations||European Union [EU]|