EU Court: only we competent to decide whether acts contrary to Union law

2020-05-08T11:27:26.413Z

"To ensure uniform application of EU law, only the EU Court of Justice, set up for this purpose by the Member States, is competent to find that an act of a Union institution is contrary to EU law" and "a preliminary ruling issued by this Court binds the national judge to resolve the dispute pending before it". This is what the EU Court recalls in a note after the ruling by the German Constitutional Court on the work of the ECB. The note was released by the direction of the communication of the EU Court of Justice "in response to the numerous questions that were asked after the sentence issued by the German Constitutional Court of 5 May 2020 on the PSPP program of the European Central Bank". In the press release, after recalling that "the services of the institution never comment on a judgment of a national court" and thus highlighting the exceptional nature of the circumstances, it is specified that "in general, on the basis of consolidated jurisprudence of the Court of Justice, a preliminary ruling issued by this Court binds the national judge to resolve the dispute pending before it ". "In order to ensure uniform application of EU law - reads the note - only the Court of Justice, set up for this purpose by the Member States, is competent to find that an act of a Union institution is contrary to the Union law: any divergences between the courts of the Member States as regards the validity of such acts could in fact jeopardize the unity of the EU legal order and jeopardize legal certainty. " "Like other authorities of the Member States - the Court continues - national courts are obliged to ensure the full effectiveness of Union law; only in this way can the equality of the Member States be guaranteed in the Union they created ". The Court, concludes the note, "will refrain from any other communication in this regard".