Hit on the spot, the Germans attack the Commission. When it’s their turn they get angry
The Commission decides to initiate an infringement procedure against Germany, because its Constitutional Court dared to contradict the ECB and the European Court of Justice, so even in the Teutonic state flocks of jurists wake up to defend the rights of the German people. From the FAZ website: faz.net/einspruch/staa You can read the appeal of Reinhard Muller and 29 teachers of German constitutional law oppose the infringement procedure started from the EU Commission against Germany. The words used in the appeal are harsh: "The ax is used on the foundations of European integration", reads the appeal "The self-affirmation of Europe!", which appeared on Sunday in FAZ L 'EU is based on mutual respect. Those who think they can unilaterally dissolve this relationship “do not recognize the uniqueness of the Union and endanger European integration. We therefore ask the European Commission not to initiate infringement proceedings against Germany ”.
According to these scholars, the federal government must reject the procedure and thus defend the European community of states [die europäische Gemeinschaft der Staaten]. The European Court of Justice (CJEU) should not decide "as a judge in your own case", according to petitioners, including Otto Depenheuer, Kay Hailbronner, Christian Hillgruber, Josef Isensee, Gregor Kirchhof, Dietrich Murswiek, Martin Nettesheim, Reiner Schmidt, Thomas Vesting and Christian Waldhoff. In 2020, the Federal Constitutional Court ruled that large bond purchases by the European Central Bank (ECB) needed to be legally scrutinized more closely than had been done by the Court of Justice. For the first time, Karlsruhe has come to the conclusion that a body of the European Union, the ECB, has exceeded its legal limits.
The constitutionalists specify that the specific legal dispute has in the meantime been resolved, as the ECB had motivated the purchases of securities in more detail. Furthermore, Karlsruhe did not question the primacy of European law, as requested by the Commission. National constitutional courts should not, however, refrain from border control in exceptional cases; otherwise the Union bodies could revoke the sovereign rights of member states against their will. “National constitutional law as well as European law expressly exclude this presumption of jurisdiction” . For constitutionalists, it is important to prevent the introduction of a European federal state [europäischen Bundesstaat] through the back door. All things that if said by a German, for a German, appear sacrosanct rights, but if said by an Italian jurist they appear attacks on His Majesty the Commission, of which one can only speak well, even when he commits authentic logical and juridical crimes . At this point we are missing only one thing: a Constitutional Court with adequate attributes to be able to defend the interests of the Italian Constitution and of the Italians. Not a small shortcoming, but one that can be healed.
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Article Hit on the spot, the Germans attack the Commission. When it's their turn they get angry it comes from ScenariEconomici.it .
This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/colpiti-sul-vivo-i-tedeschi-attaccano-la-commissione-quando-tocca-a-loro-si-arrabbianoo/ on Tue, 06 Jul 2021 20:22:06 +0000.