The former President of the Federal Constitutional Court, Hans-Jürgen Papier, considers both the establishment law for the 500 billion Euro “special fund” aimed at infrastructure and climate protection, as enshrined in the Basic Law, and the corresponding budget law to be legally vulnerable. Speaking to “Welt am Sonntag” Papier stated that objections could be raised regarding insufficient care, specifically concerning the precise definition of how the funds will be used, particularly regarding the prerequisites for additional investments. The recent reports from economic institutes suggesting that the funds from the so-called special fund could also cover existing gaps in the core budget demonstrate, according to the constitutional lawyer, that the establishment law fails to sufficiently specify the constitutional requirements to prevent any potential manipulation. He added that “the implementation of the Basic Law amendment is certainly a point that is legally questionable”.
According to Papier, a possible recourse would be an abstract norm control lawsuit against the establishment and budget law at the Federal Constitutional Court; however, this would require at least a quarter of the members of the German Bundestag, a quorum he believes is unattainable. Nevertheless, the professor cautioned that the federal government should not feel completely secure, noting that a state government could potentially file a norm control application. Given that elections are approaching in the eastern federal states, which could result in fundamentally changed governing majorities, he stated that such an application would no longer be impossible.
Papier also sounded a warning against any further loosening of the debt brake. The legal scholar asserted, even when considering European law, “I am a decided opponent of further easing the debt brake for the core budget”. He found it remarkable that parties which frequently reference alleged mandatory European law requirements on migration issues tend to disregard EU law concerning financial and budgetary matters, advising that they should be aware of the Maastricht Criteria.