If the Berlin Constitutional disconnect the plug

Law is law “, said António Costa a few days ago, accompanying the sending to the Constitutional Court of three diplomas approved against the government by the whole Assembly, except the PS, and promulgated by the President of the Republic. Justified Marcelo, himself a constitutionalist, who the times of absolute exception could allow us to turn a blind eye to a norm inscribed in the Basic Law in the name of governmental stability and budgetary management, at a time when it would be unimaginable for us to experience a pandemic like this.

The bizarre of seeing a President of the Republic, the first defender of the Constitution – and even more of its authors -, put it into question, however special the case may be, raised alarms. That one cannot violate the Constitution, which would be a serious precedent, which could open a Pandora’s box. And very few (if any) voices disagreed with Costa’s decision to send the extension of support so that the Constitutional would fail them, after the President did not do so, even recognizing that they violated the Budget’s brake rule.

Yesterday, after the Bundestag passed the law that allows the cake of European funds to be fed, with a view to issuing 750 billion euros of common debt to finance aid to member states, the German Constitutional Court banned the president from promulgating ratification of the Recovery Fund. A group of citizens questions the constitutionality of a plan that claims to violate European treaties by opening the door to joint loans by member states.

The result will be one of two: if the Berlin Constitutional does not give them a reason, it will release the money – but only after a decision has been made, which can delay the arrival of the funds by three months; if you agree, Germany will simply not be able to make the extraordinary contribution, reducing the aid pie to the euro countries and opening not only a worrying precedent at various levels but a profound crisis in an EU already amputated from one of the most important Member States, the UK post-brexit.

Let us wait for the arguments about the importance of respecting basic laws with rigidity and total respect for their letter, to the detriment of the spirit and the ability to recognize the gravity of unique moments.


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