Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

How German court struck EU blow and assisted even BETTER Brexit

How German court struck EU blow and assisted even BETTER Brexit

THE EUROPEAN COURT OF JUSTICE (ECJ) has been overruled by a recent decision of the German Constitutional Court, in what has been described not just as a massive blow to the EU but also an immense support to Britain's successful exit from the bloc.
The German Constitutional Court ruled that the European Central Bank (ECB) public assets purchases programme ultra vires, meaning it was acting beyond its legal power. This has been the cornerstone of the “whatever it takes” approach to preserve the euro set by the bank’s former president, Mario Draghi. Before that, the German court took another extraordinary step.

It disregarded the judgment of the ECJ that validated the ECB decisions by labelling such a decision as ultra vires too. In its view, the ECJ manifestly went beyond the acceptable standards of legal interpretation.

In a single decision, two blows have been struck at the heart of European integration: its common currency and the primacy of EU law.

But according to a recent report by businessman and former director of Vote Leave Daniel Hodson, the move also clearly underscores on sovereignty, constitutional and accountability grounds – the reasons for the UK’s decision to leave the bloc.

In a report for Foundation for Independence, Mr Hodson wrote: "In summary the GCC found that a hugely significant part of recent ECB monetary activities – some €2.2trillion (£1.9trillion) of bond purchases – had no legal authority, negating an earlier ECJ ruling.

"It was saying in effect that whatever the ECJ might rule, if that were against the German constitution, the latter was sovereign, and the ECJ subservient.

"And the German constitution, at least for Germans, is immutable."

However, Mr Hodson noted, the problem is of course that, in strategic terms, for the development and protection of the EU’s journey towards ever closer union, the absolute and final authority of the ECJ is critical.

And yet there is a massive fissure in the "still developing constitutional structure of the EU", drawing further attention to its lack of accountability.

He added: "How could such a massive activity have been allowed to occur without political or legal scrutiny until now, many years after the event? How can such a key institution as the ECJ command such limited respect whereby some of its rulings can be subject to rejection by mere national courts, albeit of the highest standing?"

Analysing the nature of the British uncodified constitution, Mr Hodson claimed it has no comparator on the Continent in durability, depth and flexibility.

He noted: "It reflects the British view of democracy, transparency and accountability, as well as the Anglo-Saxon tradition of freedom of speech and action unless forbidden by the law, as opposed to permissible only as allowed by the law.

"At its heart – and the cornerstone of the Brexit movement – is the sovereignty of Parliament, which, were Britain to remain an EU member, would be slowly ceded to its institutions, including the now tarnished ECJ.

"The irony is that the British people would have been denied, for at least some of the ECJ’s rulings, the right of rejection now so clearly provided to Germany by its GCC."

The prominent Brexiteer concluded that the GCC judgement not only serves a reminder of the "constitutional mess" Britain is leaving behind, but also of the continuing and growing opportunities to change the ultimate shape of our exit terms.

He explained: "This judgement is an expensive warning and reminder of several to date under-recognised but potentially highly damaging aspects of the Withdrawal Agreement: the ECJ’s continuing and open-ended role as final court of appeal for the rights of EU nationals resident in the UK and for cases relating to EU law applicable in the UK prior to Brexit, as well as its possible future oversight of British Government state aid initiatives anywhere in the UK, because of their possible impact on Northern Irish activities, under the NI Protocol.

“And of course there is the ongoing EU insistence in the Brexit negotiation on level playing field regulatory requirements, final arbiter the ECJ – naturally – firmly rejected to date by the UK.

"Yet the Withdrawal Agreement, although a treaty, could still be amended by negotiation.

“Despite manifest current difficulties there is still time before December 31 to reduce substantially or eliminate the hamstrung ECJ’s lingering presence in the treaty underlying Brexit.

"Let’s salute those wise German judges and go for an even better Brexit.“
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
Elon Musk Unveils Grokipedia: An AI-Driven Alternative to Wikipedia
Russia’s President Putin Declares Burevestnik Nuclear Cruise Missile Ready for Deployment
US Administration Under President Donald Trump Reportedly Lifts Ban on Ukraine’s Use of Storm Shadow Missiles Against Russia
White House Announces No Imminent Summit Between Trump and Putin
China Presses Netherlands to “properly” Resolve the Nexperia Seizure as Supply Chain Risks Grow
Merz Attacks Migrants, Sparks Uproar, and Refuses to Apologize: “Ask Your Daughters”
Apple Challenges EU Digital Markets Act Crackdown in Landmark Court Battle
Shouting Match at the White House: 'Trump Cursed, Threw Maps, and Told Zelensky – "Putin Will Destroy You"'
‘No Kings’ Protests Inflate Numbers — But History Shows Nations Collapse Without Strong Executive Power
"The Tsunami Is Coming, and It’s Massive": The World’s Richest Man Unveils a New AI Vision
EU Moves to Use Frozen Russian Assets to Buy U.S. Weapons for Ukraine
Europe Emerges as the Biggest Casualty in U.S.-China Rare Earth Rivalry
“Firepower” Promised for Ukraine as NATO Ministers Meet — But U.S. Tomahawks Remain Undecided
The Sydney Sweeney and Jeans Storm: “The Outcome Surpassed Our Wildest Dreams”
Dutch Government Seizes Chipmaker After U.S. Presses for Removal of Chinese CEO
AI and Cybersecurity at Forefront as GITEX Global 2025 Kicks Off in Dubai
Ex-Microsoft Engineer Confirms Famous Windows XP Key Was Leaked Corporate License, Not a Hack
Hungarian Prime Minister Viktor Orbán stated that Hungary will not adopt the euro because the European Union is falling apart.
Mayor in western Germany in intensive care after stabbing
Australian government pays Deloitte nearly half a million dollars for a report built on fabricated quotes, fake citations, and AI-generated nonsense.
BYD’s UK Sales Soar Nearly Nine-Fold, Making Britain Its Biggest Market Outside China
Latvia to Bar Tourist and Occasional Buses to Russia and Belarus Until 2026
Wave of Complaints Against Apple Over iPhone 17 Pro’s Scratch Sensitivity
Munich Airport Reopens After Second Drone Shutdown
Pro Europe and Anti-War Babiš Poised to Return to Power After Czech Parliamentary Vote
Sean ‘Diddy’ Combs Sentenced to Fifty Months in Prison Following Prostitution Conviction
Altman Says GPT-5 Already Outpaces Him, Warns AI Could Automate 40% of Work
Russian Research Vessel 'Yantar' Tracked Mapping Europe’s Subsea Cables, Raising Security Alarms
Global Cruise Industry Posts Dramatic Comeback with 34.6 Million Passengers in 2024
U.S. Demands Brussels Scrutinize Digital Rules to Prevent Bias Against American Tech
Private Equity’s Fundraising Surge Triggers Concern of European Market Shake-Out
Tokyo’s Jimbōchō Named World’s Coolest Neighbourhood for 2025
European Officials Fear Trump May Shift Blame for Ukraine War onto EU
The Personality Rights Challenge in India’s AI Era
Italy Considers Freezing Retirement Age at 67 to Avert Scheduled Hike
Italian City to Impose Tax on Visiting Dogs Starting in 2026
Study Finds No Safe Level of Alcohol for Dementia Risk
Trump Says Ukraine Can Fully Restore Borders with NATO Backing
Europe Signals Stronger Support for Taiwan at Major Taipei Defence Show
Germany Weighs Excluding France from Key European Fighter Jet Programme
Cyberattack Disrupts Check-in and Boarding Systems at Major European Airports
Björn Borg Breaks Silence: Memoir Reveals Addiction, Shame and Cancer Battle
When Extremism Hijacks Idealism: How the Baader-Meinhof Gang Emerged and Fell
JWST Data Brings TRAPPIST-1e Closer to Earth-Like Habitability
Trump Orders $100,000 Fee on H-1B Visas and Launches ‘Gold Card’ Immigration Pathway
France’s Looming Budget Crisis and Political Fracture Raise Fears of Becoming Europe’s “Sick Man”
Three Russian MiG-31 Jets Breach Estonian Airspace in ‘Unprecedentedly Brazen’ NATO Incident
European manufacturers against ban on polluting cars: "The industry may collapse"
Turkish car manufacturer Togg Enters German Market with 5-Star Electric Sedan and SUV to Challenge European EV Brands
Christian Brueckner Released from German Prison after Serving Unrelated Sentence
×