I first asked the question of whether the Solange jurisprudence would allow to shutdown funding to the EU based on a violation of human rights by the European Union. Gemini’s answer shows that there is a legal issue at stake.

Gemini makes clear the following : there are ways out but Solange and the shutdown of funding to the EU are not the way. I confirmed that indeed an orderly exit prevents chaos, as it is respectful of EU law. The example taken is indirect expropriation.

Then I asked directly about the key indirect expropriation case with the opening of the ESG criteria for depleted uranium weapons, indirect expropriation from DU fallout on private land.

There may be nevertheless a window for a more compelling “Solange III” according to Gemini.

Hence under the Article 14 Grundsgesetz the German Federal Government would be forced to take the hardest line : “Because a partial freeze cannot stop transboundary pollution or international enforcement, the court rules that Germany’s continued membership under the current treaties is unconstitutional.” and “The German government is constitutionally forced to invoke Article 50 TEU and legally withdraw from the Union to fully re-establish its border and environmental integrity.“

Out of curiosity I asked where else could such a constitutional “break free” event could happen. Here’s Gemini’s reply.

Hence there are still national protections in States that have something in common : they basically never used depleted uranium weapons (with a short exception for the Luftwaffe in 1993 in Bosnia i Herzegovina that has been cleaned wholly by the BND since then). So there’s still some degree of hope. But something has to be understood : national sovereignty is a treasure, it is not incompatible at all with the NATO order, but the EU order is incompatible and against EU depleted uranium weapons, since the CJEU is already bullied to shut up on this topic wholly, generalized departure from the EU is the only way. By the way Nigel Farage’s main intellectual, secret argument against EU membership since 2013 was already the issue of depleted uranium weapons (that have never been used autonomously by the Crown of the United Kingdom of Great Britain and Northern Ireland).