EU opens legal process against Germany over rule of law

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On June 9, Germany started a legal process against Germany on Wednesday, aiming to force Berlin to know the primacy of national law over European court decisions after Germany's highest court challenged a judgement by the EU in the Top Court.

The national law has the prerogative over the EU. All judgments of the European Court of Justice are binding for member states' authorities, including German courts, a spokesman for the Commission said, adding that the German court had breached these principle principles.

In May 2020, Germany's Constitutional Court ruled that the European Central Bank overstepped its mandate with bond purchases even though EU Supreme Court had already given the green light for the ECB scheme.

The European Commission, the Executive Department of the EU, will now send a letter of formal notification to Berlin, notifying it of its investigations and giving the government two months to respond to her concerns.

Such a letter is the first stage in a process that can ultimately lead to the Commission asking the EU Court of Justice to impose penalties.

The European Commission fully supported the independence of the European Courts, spokesman said, but the German ruling set a serious precedent - both for German courts practice and that of the other member states.

He warned that this could threaten the integrity of the Union Law and open the way to a Europe a la carte, saying it was now up to Germany to find a solution.

A change in case law in Germany or a judgement of the European Court of Justice could in this context have an important clarification function.

On Tuesday, a European Commission source told Reuters that German judgments could damage the law in countries where the rule of law had already weakened, in a barely veiled jibe in Poland and Hungary, both under formal investigation.

Since 2017 Poland has been examined over the lack of separation between judiciary, executive and legislative powers in Poland. One year later, Hungary also started a rule of law investigation against the EU. How would you write about a different type of injury?

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