The Commission adds its support
In a rare and strongly-worded statement, the ECJ insisted that it never comments on a judgment of a national court. However, following the decision of the German Constitutional Court to reject the ECJ’s 2018 ruling on the PSPP, it has released a rare and strongly-worded statement.
“In order to ensure that EU law is applied uniformly, the Court of Justice alone – which was created for that purpose by the member states – has jurisdiction to rule that an act of an EU institution is contrary to EU law.”
The statement added that:
“Divergences between courts of the member states as to the validity of such acts would indeed be liable to place in jeopardy the unity of the EU legal order and to detract from legal certainty,” adding that national courts were required to ensure that EU law takes full effect.
Charles Michel, European Council president, in an address to the “The State of the Union Conference Europe” stated that “The rule of law implies, at European as well as national level, the separation of powers and mutual respect between institutions, while respecting the fundamental principle of the hierarchy of norms and the primacy of European law.”.
Meanwhile, the Financial Times reported that Paolo Gentiloni, EU commissioner for economic and financial affairs, when asked if the commission was considering legal action, he said: “The commission has a strong interest as guardian of EU law in ensuring the EU system and euro system can properly function and execute their mandates as foreseen in the treaties.”