Is This Completely M.A.D.? Three Views on the Ruling of the German FCC on 5th May 2020

29 Pages Posted: 12 Aug 2020

See all articles by Annegret Engel

Annegret Engel

affiliation not provided to SSRN

Julian Nowag

Lund University - Faculty of Law; Oxford Centre for Competition Law and Policy

Xavier Groussot

Lund University

Date Written: July 13, 2020

Abstract

This brief note, on the Bundesverfassungsgericht’s Weiss judgment of 5th May 2020, highlights three implications of the German Federal Constitutional Court’s landmark ruling and its constitutional significance with implications for the wider context of Member States’ cooperation in the EU and European integration as a whole. We explain the relevant background of the judgment and argue that the specific issue created by the judgment might be addressed quickly but that the resulting judicial turmoil for the broader relationship between the law of the EU and the Member States can only be remedied by treaty changes in the longer term in order to avoid the Mutually Assured Destruction (M.A.D.)

Keywords: European Law, EU Law, Primacy of EU Law, Constitutional Pluralism, Proportionality, EU Competences, PSPP Programme, Weiss Case, German Federal Constitutional Court

Suggested Citation

Engel, Annegret and Nowag, Julian and Groussot, Xavier, Is This Completely M.A.D.? Three Views on the Ruling of the German FCC on 5th May 2020 (July 13, 2020). Available at SSRN: https://ssrn.com/abstract=3650180 or http://dx.doi.org/10.2139/ssrn.3650180

Annegret Engel

affiliation not provided to SSRN

Julian Nowag

Lund University - Faculty of Law ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden

Oxford Centre for Competition Law and Policy ( email )

St Cross Building
St Cross Road Oxford
Oxford, OX1 3UL
United Kingdom

Xavier Groussot (Contact Author)

Lund University ( email )

Lilla Gråbrödersgatan 4
Lund, 222 22
Sweden

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