Die Neuordnung der EU‑Wirtschaftsverfassung durch Art. 122 AEUV?

The economic crisis triggered by the Covid‑19 pandemic in 2020 was followed by an energy crisis within the EU that was dramatically exacerbated by the Russian war of aggression in 2022. European measures in response to these crises have recently increasingly been adopted on the basis of Art. 122 TFEU. Recent scholarly contributions therefore point to the rising importance of Art. 122 TFEU. In this contribution, Art. 122 TFEU will be presented as an emergency clause. Its first paragraph empowers the Council, acting by a qualified majority, to take »measures appropriate to the economic situation«. The increasing importance of this clause and its broad and indeterminate scope make it necessary to analyse its legal requirements in depth. In order to illustrate the significance of Art. 122 paragraph 1 TFEU, the so-called solidarity contribution, introduced by the Council Regulation of 6 October 2022, will be presented as a case of application. The solidarity contribution is also subject of ongoing proceedings before the General Court of the European Union. The foreseeably low prospects of success of these proceedings will be taken as an opportunity to scrutinise the justiciability of the frequent use of Art. 122 TFEU in recent times and to examine the thesis that the emergency clause will increasingly gain autonomy. In conclusion, this leads to an assessment of the current state of development of the EU's economic constitution.