Abstract
The judgment of the Federal Constitutional Court of 5 May 2020 recognised the right of the complainants (who were individual citizens), based on the sovereign rights of German people and the principles of democratic governance, the system of parliamentary democracy, and the protection of the unchangeable core of the German constitution, to request the government and parliament (Bundestag) to take steps to ensure the rescission or non-implementation of the decision of the European Central Bank (hereinafter the ECB) on an expanded asset purchase programme, called the Public Sector Purchase Programme (hereinafter the PSPP), as such actions would exceed the competences of the ECB conferred upon it by Member States of the European Union (EU) according to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The Court held that such actions by the ECB would constitute an ultra vires act and ruled that the Central Bank of the Federal Republic of Germany should not take part in the programme.
| Original language | English |
|---|---|
| Title of host publication | The Future of Legal Europe |
| Subtitle of host publication | Will We Trust in It?: Liber Amicorum in Honour of Wolfgang Heusel |
| Publisher | Springer International Publishing |
| Pages | 431-448 |
| Number of pages | 18 |
| ISBN (Electronic) | 9783030682538 |
| ISBN (Print) | 9783030682521 |
| DOIs | |
| Publication status | Published - 12 May 2021 |
| Externally published | Yes |
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