In German political practice, an evolution of operational methods can be seen, consisting in shifting the focus of activities from establishing favorable law to seeking ways to circumvent it in order to pursue economic interests. The traditional model, in which stability rested on the rigorous observance of agreements as the foundation of actions, is giving way to an advanced analysis of legal loopholes. This phenomenon is visible both in economic diplomacy at the global level and in local cross-border cooperation.
An example of activities on an international scale is the visit of Vice-Chancellor and Minister of Finance Lars Klingbeil to Canada, where, in the context of a tender for 12 submarines, Germany is competing with offers from, among others, South Korea. In the face of high investment costs, estimated at 25 to 38 billion euros, the German side is actively promoting off-budget solutions, instructing partners on how to create special-purpose funds outside standard fiscal control. This mechanism, known as „Sondervermögen”, is based on the use of the bond market and shifting financial burdens onto future generations, something Germany has tested while creating its own funds worth hundreds of billions of euros.
Although officially such actions are presented as tools serving the stabilization of democracy and security, analysts point to the high financial risk that accompanies them. This “school of circumventing budget law” has now become an export product of German diplomacy, allowing costly armament projects to be financed while at the same time maintaining the appearance of budgetary discipline. Shifting the bill over time is becoming the dominant strategy, aimed at securing lucrative contracts for the domestic industry.
Analogous mechanisms for seeking legal “workarounds” are applied in relations with Poland, as illustrated by the dispute over the financing of the cross-border bus line 983 between Frankfurt an der Oder and Słubice. Since 2022, the Polish side has refused to subsidize this loss-making line, arguing that there is no real need among residents and that the costs generated by the German carrier are inadequate. In response to this position, local German politicians, such as Axel Strasser, propose creating a new legal entity in the form of a European Grouping of Territorial Cooperation. This construction is intended to create a territory with a separate legal status, which would allow Słubice to transfer financial resources to cover the losses of the German transport company while bypassing the restrictions resulting from Polish budget law.
Regardless of the scale of the undertaking – from billion-euro contracts in Canada to local transport in Słubice – the common denominator remains the pursuit of objectives through the creation of parallel legal structures and special-purpose funds. Such an approach calls into question the traditional understanding of cooperation based on financial transparency, as well as the foundations of a relationship based on the letter of the law, as has been known until now in dealings with Germany.
