The Federal Constitutional Court is temporarily stopping the signing of the law on the planned EU Corona aid fund. Among other things, the AfD had announced that it would take legal action against it.
The joint EU fund to combat the consequences of the pandemic has cleared all parliamentary hurdles in Germany – but the signing of the ratification law has been temporarily stopped by the Federal Constitutional Court. After the Bundestag, the Bundesrat initially voted in favor of the proposal on Friday. Shortly thereafter, the Federal Constitutional Court ruled that Federal President Frank-Walter Steinmeier was not allowed to draft the law until a decision was made on an application for a temporary injunction.
The so-called equity decision authorizes the EU Commission to raise up to 750 billion euros on the capital market for the reconstruction fund. From the Corona aid fund, 390 billion euros are to be distributed as grants, the remaining 360 billion euros will flow as loans. These funds have to be repaid by the recipients to the EU Commission, which then uses it to repay the corresponding EU debts.
AfD and the “Citizens’ Will Alliance”
Overall, the EU’s corona debts should be repaid by 2058. How exactly is still largely open. In order to prevent higher contributions from the member states, the repayment is to be financed through new EU revenues: a tax on plastic waste has already been decided from 2021. There are also plans to introduce a digital tax, a surcharge on imports from third countries with less stringent environmental requirements, and an expansion of emissions trading to include aviation and shipping.
The AfD in the Bundestag announced that it would take legal action against the German ratification process. She wants to file an organ charge with the Federal Constitutional Court and at the same time apply for an interim order. Already on Monday, the “Bündnis Bürgerwille” around the economist and former AfD boss Bernd Lucke announced a constitutional complaint and an application for an interim order. The Constitutional Court has now decided on this.
Prohibited pending a decision on a temporary injunction
According to its own information, the alliance wants to have it checked whether Germany should even consent to borrowing. However, it feared that Steinmeier could still sign the law on Friday so that it would be ratified.
The Federal Constitutional Court has now prohibited this. In a so-called hanging order, the court forbade the Federal President from signing the law until a decision on an interim order has been made. Karlsruhe has not yet given a reason; it should be delivered later.
In order for the EU Commission to start borrowing, all member states must ratify the capital adequacy decision. According to the Commission, 16 of the 27 EU countries had done this by Thursday.
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Steinmeier allowed sign law Corona Aid Fund time