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When is a court a court?
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2366-7044
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Verfassungsblog, 2020, OnlineOnly
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SADL, Urska, When is a court a court?, Verfassungsblog, 2020, OnlineOnly - https://hdl.handle.net/1814/92675
Abstract
The German Federal Constitutional Court (FCC) states in its (already) infamous PSPP judgment that “the specific manner in which the CJEU applies the principle of proportionality in the case at hand renders that principle meaningless for the purposes of distinguishing, in relation to the PSPP, between monetary policy and economic policy” (par. 127). In the accompanying press release, the FCC further emphasizes that ‘[the] review undertaken by the CJEU with regard to whether the ECB’s decisions on the PSPP satisfy the principle of proportionality is not comprehensible; to this extent, the judgment was thus rendered ultra vires.’ The claim presents a formidable challenge to the CJEU and brings the constitutional conversation between two judicial giants to a new level: What (method) does it take to be a court?
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Published online: 20 May 2020