The Karlsruhe Court Judgment: A Thunderclap from a Clear Sky?
In its judgment of 5 May 2020, the German Federal Constitutional Court in Karlsruhe questioned the conditions under which the European Central Bank (ECB) had adopted a Public Sector Purchase Programme (PSPP), thus contradicting the position taken by the Court of Justice of the European Union in the same case.
This judgment had great resonance in the press and in business circles, as it could be seen as a challenge to the quantitative easing policies pursued by the European Central Bank, particularly at a time when it had to deal with the economic consequences of the coronavirus pandemic.
On a political plane, the German Constitutional Court decided not to comply with a decision from the Court of Justice of the European Union. Consequently, it is to be feared that the uniformity of the European Law is cast doubt on and that Member States opposed to the EU on topics relating to the respect of human rights will use that decision in their interest.
The Franco-German initiative to establish a European Economic Recovery Fund, which was announced on May 18, 2020 and on the basis of which the European Council reached an agreement on July 21, 2020, is therefore to be welcomed. Such a plan will allow the Member States to regain the upper hand in supporting the economy and the ECB to focus on more direct monetary objectives, according to the spirit of the EU's founding treaties.
David Capitant is Professor at the Sorbonne Law School (University of Paris 1 Panthéon-Sorbonne - ISJPS) and Director of the German Law Center of the research lab (UMR) of Comparative Law in Paris. He was President of the Franco-German University (2018-2020).
This publication is available in French: L’arrêt de la Cour de Karlsruhe : un coup de tonnerre dans un ciel serein ? (pdf)
Author(s)
Related centers and programs
Discover our other research centers and programs
The Study Committee on Franco-German Relations (Cerfa)
The Study Committee on Franco-German Relations (Cerfa) was created in 1954 by an inter-governmental agreement between the Federal Republic of Germany and France, in order to raise awareness of Germany in France and analyze Franco-German relations, including in their European and international dimensions. In its conferences and seminars, which bring together experts, political leaders, senior decision-makers and representatives of civil society from both countries, Cerfa develops the Franco-German debate and stimulates political proposals. It regularly publishes studies through two collections: Cerfa notes and studies as well as Franco-German visions.
Cerfa maintains close relations with the network of German foundations and think tanks. In addition to its research and debate activities, Cerfa promotes the emergence of a new Franco-German generation through original cooperation programs. This is how in 2021-2022, Cerfa led a program on multilateralism with the Konrad Adenauer Foundation in Paris. This program is aimed at young professionals from both countries interested in the issues of multilateralism in the context of their activities. It covered a wide range of themes relating to multilateralism, such as international trade, health, human rights and migration, non-proliferation and disarmament. Previously, Cerfa had participated in the Franco-German future dialogue, co-led with the DGAP from 2007 to 2020, and supported by the Robert Bosch Foundation and the Daniel Vernet group (formerly the Franco-German Reflection Group) which was founded in 2014 upon the initiative of the Genshagen Foundation.
Find out more
Discover all our analyses
A Franco-German “Reset”? The Ambitions of the Franco-German Council of Ministers. Challenges of Joint Leadership in Europe
As a Catholic from the Rhineland, Friedrich Merz is heir to the CDU’s Franco-German policy, from Konrad Adenauer to Helmut Kohl and Wolfgang Schäuble. While Franco-German rhetoric and reflexes are deeply ingrained in him, their results must nevertheless be put into perspective.
Social Policies in Germany. Assessment of the “Traffic Light” Coalition and Prospects for the New Government
Notes du Cerfa, No. 188, Ifri, July 2025 — The defeat of the “traffic light” governing coalition in the snap parliamentary elections of February 2025 calls for an initial – necessarily selective – assessment of the social policies implemented during its term.
The “Huawei Saga” in Europe Revisited: German Lessons for the Rollout of 6G
While the European Union attempted to coordinate a collective response through its 5G Toolbox in Europe’s 5G infrastructure, member states diverged significantly in balancing political, economic, and technological considerations. Germany, despite its economic ties to China and status as Europe’s largest telecom market, only reached a tentative agreement in July 2024—one that appears largely symbolic.
France, the U.S. Oldest and Most Complicated Ally: A Stubborn Defender of a Truly European Industrial and Defence Policy
France, the U.S.’ oldest ally, is also the EU country which most stubbornly defends genuinely European industrial and defence policies. It calls for ‘strategic autonomy’ in all political domains, a position increasingly difficult to hold against a hardening international climate.