German court challenge a reminder to EU on consent before policy

Philip Bowring writes in his column that the recent ruling by Germany’s Federal Constitutional Court poses a grave risk to the European Union (“Why German court’s challenge to EU is more disturbing than China’s tantrums”, May 17). While this view is shared by many observers of European affairs, it is not the only side to the story.

Germany’s top court has a long trajectory of jurisprudence that endorses steps towards the ever closer integration of the EU but places legal limitations on the scope and reach of these steps.

Over the years, the court’s judgments sought to limit the ability of the EU to create facts on the ground. Its jurisprudence seeks to curtail “integration through the back door”. The court has repeatedly advocated for a closer involvement of national parliaments in EU decision-making and a more effective accountability of EU institutions.

The judgment forms part of this pattern. In the court’s view, the European Central Bank (ECB) is in need of more accountability and transparency, as its expansionary monetary policies have massive implications for Germany’s future financial position.

Seen from this angle, what weakens the EU’s legal order is not a German court, but the widespread perception that EU institutions – in this case the ECB – operate without effective oversight.

The recent judgment serves as a wake-up call to ensure that Europe’s central bank adheres to an enforceable legal framework and that its policies are based on the consent of the governed.

Dr Roland Vogt, associate professor, European Studies, University of Hong Kong