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How the decision of the German Constitutional Court can have a ripple effect against the Court of Justice of the European Union φ Open the possibility, even for a front with the left of Berlin von der Leyen ● “They rub their hands” Hungary and Poland have accounts open with Brussels on questions of European law.
Experts warn that the EU’s legal record took a heavy hit after last week’s decision by the German Constitutional Court.
According to a Financial Times report, Brussels is seeking a way out of the crisis that threatens to weaken the legislation that holds Europe together.
The decision of the German Constitutional Court, which challenges the decision of the Court of Justice of the European Communities, is the most important challenge for the EU Supreme Court. note scholars. On Friday, the European Court of Human Rights warned that the bloc’s legal order was in jeopardy, in a statement issued by an EU expert on the matter. it was a “cry of agony”.
Commission President Ursula von der Leyen, yesterday, in a letter to German MEP Sven Giggold, threatened legal action by Brussels against Berlin.
“The Commission is reviewing the decision and is considering the next steps, and even the possibility of appealing against Germany,” Ursula von der Leyen said in a letter, and experts said the style of the letter showed how seriously the European Commission he was taking the threat. However, analysts say such a move is risky, as Brussels should take action against the German government and not against the Constitutional Court.
However, the most immediate danger lies in the east. Where are Budapest and Warsaw, which are already in conflict with the EU. on questions of European law, they could take courage from this German movement.
Experts fear that courts in other countries will start firing on the European Space Agency. “The technique that they used to have the ability to judge themselves and not go to court in Luxembourg is dangerous.” They tried not to blow up the system in Europe, but I’m not sure they did, “said Kees Stark, a senior judge in the Netherlands and president of the European Network of Judicial Advisers, an organization that represents the judicial councils of All Europe.
The lights in Poland-Hungary
The controversy has automatically highlighted Poland and Hungary, two countries facing legal action under Article 7 of the EU Treaty, which could lead to the abolition of the right to vote as a Member State. Both countries are committed to protecting each other.
Politicians from the ruling Law and Justice Party, who have repeatedly accused the EU. By exceeding their responsibilities, especially in the pressure it exerts on the reform of the Polish justice system, they immediately rushed to take advantage of the situation and declared themselves justified. Mateusz Morawiewski, the country’s prime minister, told FAZ that Karlsruhe’s decision was one of the most important in the history of the EU. and stipulates that the Court of Justice of the European Communities does not have unlimited power.
The Hungarian government, led by far-right Victor Orban, has yet to register a breach with the Court of Justice of the European Communities. However, Marta Partnavi, co-chair of the Helsinki Committee for Hungary, an organization that monitors human rights abuses, said the German decision was important. “For those who do not want to comply with European law, including justice and the core values of the EU, this decision is an example of how they can use it in legal matters not related to a specific sector (ECB QE program).
The first test after the Karlsruhe decisions comes this week when the European Court of Human Rights ruled in favor of changes to Hungary’s asylum rules, including the detention of asylum seekers in certain areas of the border and regulations. . provides for the rejection of any applicant from Serbia.
The pre-trial ruling states that detention of refugees and migrants in areas “must be considered illegal.”
Hungarian Justice Minister Judith Varga responded by insisting that the country’s regulations were in line with European law and international law, while referring to the German decision that sets a precedent for the independence of each state, and He added that “It is very important that the decision of the Court of Justice of the European Union be reversed.”
The ECB and Berlin have been trying in recent days to redefine their position on the German Constitutional Court decision, and on Friday, German Finance Minister Olaf Soltz tried to reassure other EU finance ministers. , saying that a solution would be found to keep the Bundesbank involved in the ECB’s bond purchase program.
