The European Court of Justice (ECJ) ruling against Poland's judiciary for breaching EU law principles carries a message for Germany's Federal Constitutional Court. Bielefeld legal expert Franz Mayer views it as a reminder that the ECJ has the final say and EU law takes precedence over national law. This touches on sensitive aspects of German jurisprudence.
The ECJ condemned Poland because its Constitutional Court refused to recognize rulings from the EU's highest court, citing the Polish constitution. The judges in Luxembourg stressed that EU law takes precedence over national law. Franz Mayer from Bielefeld University interprets this as a clear signal to national supreme courts, including Germany's Federal Constitutional Court in Karlsruhe.
Mayer states: «This remains a ‘breaking point’ with national supreme courts.» He believes the ECJ would have ruled similarly in a case against Germany over the controversial 2020 European Central Bank (ECB) judgment. At that time, the Federal Constitutional Court disregarded a Luxembourg decision, arguing that EU law must not infringe on national constitutional identity.
The European Commission had initiated infringement proceedings against Germany but dropped them after assurances from the federal government. Mayer notes: «The ‘Karlsruhe constitutional court elephant’ was palpably present in the room.» Nevertheless, the expert says, the Federal Constitutional Court agrees with much of the ruling, such as on appointment flaws in the Polish court that undermined its independence.
This judgment highlights ongoing tensions between EU law and national sovereignty, as seen in other countries. It urges recognition of the ECJ's authority without dismissing all national concerns.
