4 / 2021 // LEOPOLDINA / NEWS 11
nal Court declared a European act of law and the underlying judgment of the European Court of Justice ( ECJ ) to be " ultra vires ". The Second Senate maintained that the ECB ' s PSPP was no longer covered by the European integration agenda as founded in the treaties . The ruling came under strong criticism , especially on the European side , for endangering the unity of EU law . The Commission launched an infringement procedure against Germany . However many constitutional courts in the member states share the fundamental view of the German Federal Constitutional Court that EU law can only have absolute primacy in a European federal state .
So no crisis then ? Voßkuhle : Discussions about legal boundaries and interpretation of law is part and parcel of a vibrant European Union based on the rule of law . Unlike the constitutional crisis in Poland , the German Federal Constitutional Court also wanted to see more control from the ECJ , whereas the Polish government wants less control .
What role does a European Union based on the rule of law play in addressing the constitutional crises in Poland and Hungary ? Voßkuhle : The European Union is founded on a set of shared values laid out in Article 2 of the Treaty on European Union ( TEU ). One of the key values is the principle of the rule of law . Every member state agrees to abide by these values . Before being admitted , potential member states must prove that they comply with the EU ' s minimum constitutional standards . This often very lengthy process takes place prior to admission alongside the pre-accession strategy proposed by the Commission . However , even if members meet the criteria when first admitted , there is no knowing how the situation might change . Moves in Poland to bring the judiciary under greater political control have taken everyone by surprise and the removal of power from Hungary ' s Constitutional Court and the restrictions placed on the media in the country could not have been foreseen . Article 7 of the TEU does , in fact , make provision for sanctions in these situations , but such action requires unanimous support which does not currently exist . The ECJ has therefore been asked to rule on infringements to the principal of the rule of law , as it has done in various cases in the past .
What role does politics have to play ? Voßkuhle : Bringing individual procedures before the ECJ only tackles specific developments . The EU ' s judicial system is not entirely standardised and responsibility for its organisation lies primarily with the member states . Political support is therefore essential when tackling fundamental problems . The new rule of law mechanism , which opens up the possibility of suspending EU funds if a member state fails to comply with certain provisions of the rule of law , has the potential to secure this backing .
What difference can the rule of law make to the current crises ? Voßkuhle : Once a conflict has broken out , it becomes harder and harder to reach an agreement . Legal solutions are developed in advance during a time of consensus , meaning they are often much more effective . That ’ s the fundamental idea behind a European Union based on the rule of law . And that ’ s why it needs defending with every resource we have .
■ THE INTERVIEW WAS CONDUCTED BY ADELHEID MÜLLER-LISSNER
CLASS IV SYMPOSIUM
On 3 and 4 November , Class IV – Humanities , Social and Behavioural Sciences , gathered in Halle ( Saale ), for its symposium and to present its new members with their certificates . The focus of the symposium was hermeneutics and how this branch of knowledge interacts with other methodologies , especially empirical ones . The public evening lecture was given by legal scholar Andreas Voßkuhle ML .
Public lecture on the European rule of law ( German only )
Discussion paper
A fresh start for energy and climate policy ?
The energy transition is our chance to protect our climate and preserve our life-giving natural world . It is also the launchpad for a global technology revolution . But to embrace this transition , we first need to re-focus our climate and energy policy in line with our target of net zero greenhouse gas emissions . A discussion paper , published by Energy Systems of the Future – an initiative of the German Academies of Sciences – addresses exactly this issue . In it , the authors examine the key requirements for a future-proof energy policy and the measures that German government can take to keep its energy transition on track to meet the latest climate targets .
■ RED
Discussion paper “ Energiewende ” ( German only )
Science organisations
Commitment to climate neutrality
Scientific institutions have a unique responsibility for promoting positive change . In recognition of this , the Alliance of Science Organisations has committed to ensuring that all its work and research processes are climate neutral by 2035 at the latest . This commitment requires structural changes to enable all institutions to play their part . The Alliance is therefore calling on all national and regional authorities to help it implement its plans , by putting the necessary legal and financial structures in place to open up the path to climate neutrality .
■ RED
Statement “ Commitment to climate neutrality ” ( German only )