On democracy, methodology and money. Commentary on the PSPP Judgment of the German Federal Constitutional Court, of 5 May 2020

Authors

  • José María Rodríguez De Santiago Universidad Autónoma de Madrid

DOI:

https://doi.org/10.18042/cepc/redc.122.09

Abstract

For the first time in its history, the German Federal Constitutional Court has declared a judgment of the Court of Justice of the European Union (and previous decisions of the European Central Bank) to be ultra vires, and considers it without effects or binding character in Germany. From the substantive point of view, the most relevant part of the decision refers to the unique German construction of the democratic principle and the objections to the replacement in the European Union of democratic politics by the activism of its independent bodies. From a methodological perspective, the principle of proportionality is used as a determining instrument to carry out the ultra vires control.

Published

2021-08-17

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES