German Bundestag

Proposal for a COUNCIL DECISION on the system of Own Resources of the European Union

Scrutiny details

Subsidiarity deadline: 24/07/2020
Scrutiny Information

Scrutiny date: 25/03/2021

Subsidiarity Concern:

  Important information to exchange

No Veto

Information on parliamentary scrutiny

Committee responsible:

Committee on the Affairs of the European Union

Committees asked for an opinion:

Committee on Economic Affairs and Energy

Budget Committee

Bundestag Approves Ratification of EU`s Own Resources System, but Constitutional Court Stops Ratification Process

After an intensive discussion the Bundestag approved the German government’s draft law on the Council´s decision on the EU´s own resources system on 25 March 2021. While 478 MPs voted in favour of the decision, 95 MPs voted against it and 72 MPs abstained. The plenary decision was taken on the basis of a recommmendation of the Budget Committee. Overall, the German Bundestag welcomed the Commission´s proposals to adress the economic and social impact of the COVID-19 pandemic, e.g. the proposal on the EU´s own resources system.

However, one day after the decision of the Bundestag, the Federal Constitutional Court in Karlsruhe ruled in a so-called Hängebeschluss (hanging order) that the ratification law may not be signed by the Head of State until the Federal Constitutional Court has ruled on an emergency petition. The emergency petition and the constitutional complaint linked to it, were filed with the Constitutional Court by the Bündnis Bürgerwille (Alliance „Will of the Citizens“). According to the Alliance, which is supported by 2281 citizens, the EU recovery instrument NextGeneration EU (NGEU) paves the way for a permanent Fiscal Union. Furthermore, the Council decision violates the constitutional right of the Bundestag to decide on the budget by giving the Commission the right to decide which member state needs to repay its debts.

On 21 April 2021, the Federal Constitutional Court rejected the emergency petition. Hence, the ratification law on the EU´s own resources system can be signed by the German Head of State now. According to a summary examination of the Court, it does not appear highly likely that the Court will find a violation of the budgetary responsibility of the German Bundestag. However, a decision on the constitutional complaint by the Alliance is still pending. A date when the Constitutional Court will rule on it has not yet been announced. Meanwhile, a discussion whether the decision is within the competence of the German Constitutional Court or the Court of Justice of the EU (ECJ) has emerged. Should the Own Resources Resolution prove to be an ultra vires act in the main proceedings of the constitutional complaint, it would be within the ECJ´s remit to decide. 

Contact points for EU matters

IPEX Correspondents:
Phone: +49 (0)30 227 32211  Email Ms. Daniela Kroll
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