European Court of Justice: EU law takes precedence over national constitution

It is a landmark ruling: EU law takes precedence, says the European Court of Justice, even if the member states invoke their constitution. The message also goes to the German Federal Constitutional Court.

At first glance, the European Court of Justice (ECJ) only intervened in an internal Romanian dispute. In fact, the Luxembourg judges have made a very clear statement for the future of the entire EU: National constitutional courts can be ignored, the EU takes precedence. And that is also an interesting message for the German Federal Constitutional Court. Because up until now it was always clear there: the people of Karlsruhe have the last word. In an emergency, they use the German Basic Law to check how far the EU has the say in Germany.

Specifically, the ruling concerns a dispute between the regular courts in Romania and the local constitutional court. The Supreme Court had convicted several parliamentarians and ministers for corruption. The Romanian Constitutional Court then overturned the judgment for formal reasons. As a result, renewed criminal proceedings became more difficult or even impossible because, among other things, they would be statute barred.

The Supreme Court, which obviously saw massive problems with the rule of law in Romania, then turned to the ECJ and asked whom it should actually follow – the EU, which attaches great importance to the fight against corruption, or the national constitutional court.

EU law always comes first

Unsurprisingly, the Grand Chamber at the European Court of Justice now stipulates that if there is a risk that serious fraudulent offenses will no longer be punished systematically, and that to the detriment of the EU in particular, then the regular courts in Romania should no longer obey their own constitutional court.

The European judges go back a long way in time with the judgment: Even with the Treaty of the European Economic Community (EEC) of 1957, no one would have contradicted or declared an official reservation and that is why it has been clear since then: EU law always takes precedence. The European Court of Justice is the authority that determines how far that goes. And because the same law has to apply in all member states, individual countries cannot simply leave the country.

Message to all constitutional courts

This is also a clear signal to the Polish Constitutional Court and all other member states that have problems with the rule of law and that repeatedly question the EU.

Even German constitutional judges could read a hint from the judgment. Because last year they had a violent dispute with the European Court of Justice for the first time and decided that the ECJ had not worked properly enough in the control of the European Central Bank, which is why German authorities should not automatically obey the EU.

This went so far that the EU Commission had even initiated infringement proceedings against Germany. In the meantime that has been discontinued. As a peace offer, the Federal Government has formally declared that the authority of the ECJ will of course be recognized.

If in doubt, do not follow your own constitutional courts

So far, the rulings of the highest EU court have almost always been implemented in the member states. National constitutional courts have only withdrawn in recent years in individual cases. The clear message from Luxembourg now goes to everyone: You have to follow. Appealing to one’s own constitution is of no use in case of doubt. Judges and authorities have to implement what the EU says it has priority. And nobody should be punished if they follow the EU instead of their own constitutional court.