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The German constitutional court's challenge to the court of justice of the European Union-Problems, Consequences, Possible Solutions: The PSPP Judgment of the german constitutional court of 5 may 2020

  • Chancery of the President of Latvia

Research output: Chapter in Book/Report/Conference proceeding › Chapter › Research › peer-review

1 Citation (Scopus)

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 languageEnglish
Title of host publicationThe Future of Legal Europe
Subtitle of host publicationWill We Trust in It?: Liber Amicorum in Honour of Wolfgang Heusel
PublisherSpringer International Publishing
Pages431-448
Number of pages18
ISBN (Electronic)9783030682538
ISBN (Print)9783030682521
DOIs
Publication statusPublished - 12 May 2021
Externally publishedYes

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