Of the presidential transition in the 2nd Chamber of the CTFA and its reflection in overcoming its absurd Weiss ruling of 5 May 2020

Authors

  • Antonio López Castillo Universidad Autónoma de Madrid

DOI:

https://doi.org/10.18042/cepc/redc.122.10

Abstract

In the Weiss/PSPP judgment, the 2nd Chamber of the TCFA took the application of ultra vires control to the hither to unprecedented extreme of disallowing, as arbitrary and unfounded, the preliminary ruling of the CJEU and thus its inapplicability to the case; by means of an exorbitant exercise of alternative interpretation of the TEU (its alternative interpretation of the principle of proportionality gives its decision an arbitrary bias) to which is attached the prescription of tasks for the political bodies (which, in the medium term, appeal to the EU itself) to do and not to do. The reaction to such disregard for the jurisdictional dividing line has immediately led the 2nd Chamber, with its incoming presidency, to modulate the meaning and scope of its remaining jurisdiction of (not only) ultra vires control; releasing the Weiss ballast, in an attempt to recover the ius European congruence of its function as judge of the applicability of the EU Law and to recover its prestige as a point of reference.

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Published

2021-08-17

How to Cite

López Castillo, A. (2021). Of the presidential transition in the 2nd Chamber of the CTFA and its reflection in overcoming its absurd Weiss ruling of 5 May 2020. Revista Española De Derecho Constitucional, (122), 333–366. https://doi.org/10.18042/cepc/redc.122.10

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES