All's Well That Ends Well? Crisis Policy after the German Constitutional Court's Ruling in Gauweiler

24 Maastricht Journal of European and Comparative Law 140-149 (2017)

13 Pages Posted: 20 Jan 2017 Last revised: 25 Aug 2018

See all articles by Armin Steinbach

Armin Steinbach

Max Planck Institute for Research on Collective Goods; Oxford University - Nuffield College; German Federal Ministry of Finance

Date Written: November 1, 2016

Abstract

Crisis policy of the ECB has been controversial on the judicial stage between the Court of Justice of the EU (CJEU) and the German Constitutional Court (FCC). While the controversy appears to be settled at this stage following the FCC's judgment in June 2016, disagreement between the courts persists in two regards. First, on the scope and intensity of judicial review of a potential future application of the OMT programme, the FCC gives less discretionary leeway to the ECB than the CJEU and thus exerts stricter judicial review. Second, there are legal boundaries on a “haircut” relinquishing parts of the debt of euro countries owed to Member States and the ECB. This article offers a legal analysis of the remaining controversies and the policy scope of the ECB.

Keywords: European Central Bank; OMT; Judicial Review; Haircut

JEL Classification: E52, F34, H63, K33, E61

Suggested Citation

Steinbach, Armin, All's Well That Ends Well? Crisis Policy after the German Constitutional Court's Ruling in Gauweiler (November 1, 2016). 24 Maastricht Journal of European and Comparative Law 140-149 (2017), Available at SSRN: https://ssrn.com/abstract=2901862

Armin Steinbach (Contact Author)

Max Planck Institute for Research on Collective Goods ( email )

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Bonn, 53113
Germany

Oxford University - Nuffield College ( email )

New Road
Oxford, OX1 1NF
United Kingdom

German Federal Ministry of Finance ( email )

Wilhelmstrasse 13
Berlin, 11019
Germany

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