Future Forum Estonia

On 15th November, Carri Ginter presented and discussed at Future Forum Estonia regarding litigation and media with a focus on national and EU law and practice.

When the media referred to the German Constitutional Court “dropping a bomb” with the European Central Banks PSPP program then, the infringement procedure launched by the European Commission against Germany was closed because Germany made formal commitments.

In particular, Germany has formally declared that it affirms and recognises the principles of autonomy, primacy, effectiveness and uniform application of Union law as well as the values laid down in Article 2 TEU, including, in particular, the rule of law. Second, Germany explicitly recognises the authority of the Court of Justice of the European Union, whose decisions are final and binding. It also considers that the legality of acts of Union institutions cannot be made subject to the examination of constitutional complaints before German courts but can only be reviewed by the Court of Justice. Third, the German government, explicitly referring to its duty of loyal cooperation enshrined in the Treaties, commits to use all the means at its disposal to avoid, in the future, a repetition of an ‘ultra vires’ finding and take an active role in that regard.

If and how the central government can make commitments on behalf of a constitutional court remains to be discussed.