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The mandate of the President of the Federal Constitutional Court, Voßkuhle, comes to an end. at SWR-Interviewer defends Karlsruhe’s controversial ruling on buying ECB bonds and also talks about fundamental rights in the crown crisis.
By Frank Bräüttam and Klaus Hempel, ARD Legal Editor
May 5, shortly before 10 a.m., in the courtroom behind the Karlsruhe courtroom: Andreas Voßkuhle is moving for the last time after twelve years as a judge his red robe on. “It was a moment of farewell, but also of tension as always,” says SWR in an interview. Certainly the tension is also due to the fact that an explosion occurs shortly after 10 a.m. – the ECB’s decision, which has caused many waves.
According to the Karlsruhe ruling, the Court of Justice of the European Communities (ECJ) and the European Central Bank (ECB) have greatly exceeded their powers. Therefore, the Luxembourg judge’s decision was not binding on Germany. The ECB must better justify and improve its program, otherwise the Deutsche Bundesbank will soon no longer be able to participate.
No harm to the European legal community.
Regarding the accusation that the sentence is detrimental to the European legal community, Vosskuhle says: “We see it very differently. We believe that it is important that the European legal framework and treaties are observed.”
Legal control of the ECB is above all the task of the ECJ. “He is responsible for European law,” emphasizes Voßkuhle: “Only in very rare exceptional cases, when the ECJ makes a decision that we can no longer understand, the constitutional courts also have the right to deal with these issues.”
The trial remains the exception.
However, opposing the CJEU and the ECB would not be the rule. “We can only do this in exceptional cases. But we can do it.” For Voßkuhle, there is no argument that other countries can follow Karlsruhe’s example:
“We accuse the ECJ of not performing its control tasks sufficiently. Therefore, we want more judicial control. While in Poland it is more a matter of not wanting the ECJ to control it. Therefore, a completely different constellation.”
The EU is investigating infringement procedures
EU Commission President Ursula von der Leyen announced that she would consider infringement proceedings against Germany due to the ruling of the constitutional court. This will be decided at the end of the ECJ at the request of the Commission. Was it wise for you to decide at the end of the CJEU whether you did everything right? Would this strengthen confidence in the European institutions? I was skeptical, says Voßkuhle.
He also emphasized that Karlsruhe had not decided on the ECB’s aid measures in the Corona crisis. The sentence had already been completed before the Corona crisis.
Crown crisis “challenge to the constitutional state”
The restrictions on daily life during the Corona crisis are a challenge for a democratic constitutional state. He can well understand the concerns of many citizens, but at the same time see that the mechanisms have worked well. Therefore, the courts are functional and deal with many procedures:
“It is always important that the measures are not ordered indefinitely, but always contain a specific time limit. That it is shown that it is constantly adjusting to the situation again.”
Karlsruhe will examine the suits closely
The Federal Constitutional Court granted some urgent requests for general bans on religious demonstrations and services, but also rejected many. The urgent procedure in Karlsruhe is not the end, says Voßkuhle.
Constitutional complaints would continue to be examined in the main proceedings: “They are important for understanding fundamental rights in our state. And we want to give citizens confidence. Consequently, we stay there.”
The successor is almost certain
“We,” he adds, which is, of course, what my colleagues mean. Because Vosskuhle’s mandate expired on May 6. A successor will soon be elected to the post of judge in the Federal Council, provided he remains in office. Voßkuhle’s designated successor as President is the President of the Karlsruhe First Senate, Stephan Harbarth.
Voßkuhle, 56, will return to the University of Freiburg as professor of constitutional law. He looks forward to it, “and less pressure than now, a walk in the woods or just going to the movies.”
The full interview “Extra SWR: Andreas Voßkuhle in Conversation” on numerous topics during his tenure, such as NPD ban procedures or euthanasia, will be available as a video on Thursday at 5 p.m. in the ARD media library and will be extended On May 17th at 11am, love SWR TV and 1pm Phoenix.
