The Federal Constitutional Court has ruled that the government is not allowed to use funds intended to combat the Coronavirus crisis for climate protection. The amendment to the supplementary budget for 2021 is unconstitutional. The ruling leaves the Ampel coalition with a 60 billion euro financial gap.
Crisis funds and 2023 budget may also be unconstitutional
Now several high-ranking government representatives fear that the ruling from Karlsruhe could have even more serious consequences. The crisis fund WSF and the 2023 budget could also be unconstitutional, as reported by the “Handelsblatt” from government circles.
Therefore, the government is likely to have to use the emergency clause again for the year 2023 and suspend the debt brake, according to the “Handelsblatt”. These options are currently being examined. The Bundestag would have to approve this decision by an absolute majority.
Thanks to debt brake trick, funds will also flow in 2023
The Ampel coalition had equipped the crisis fund with borrowing authorizations of 200 billion euros in the autumn of 2022. At that time, the debt brake was suspended due to the energy crisis. The money was mainly used for energy aid for citizens and businesses.
However, funds from the fund have also flowed in 2023. However, this could be unconstitutional. According to the Federal Constitutional Court, the government would significantly exceed the net borrowing permitted under the debt brake in 2023. According to constitutional lawyer Gregor Kirchhof, the debt brake also applies to such special assets, as he explained to the “Handelsblatt”.