Karlsruhe and Its Discontents

57 Pages Posted: 1 Jul 2022

See all articles by Julio Baquero Cruz

Julio Baquero Cruz

European Union - Directorate General for Legal Service

Date Written: 2022

Abstract

This article presents a detailed analysis of the judgment of the German Constitutional Court’s judgment in Weiss, and of its aftermath, put in their wider context. The article deals with the position of the judgment in the case law of the German Constitutional Court, its controversial use of the principle of proportionality, the interpretation of the prohibition of monetary financing, the possible implications of the decision for the Union’s budget, the impact on the European Central Bank and on the Union’s economic constitution, the implementation of the judgment, the consequences for the European Court of Justice and the rule of law in the Union, and its problematic democratic claims. While this decision has all the elements to foster a constitutional moment in the Union, its meaning and direction are not yet clear. The final section deals with the possible medium- and long-term influence on the Union legal order.

Keywords: German Constitutional Court, Primacy, Proportionality, Economic Constitution, Democracy

Suggested Citation

Baquero Cruz, Julio, Karlsruhe and Its Discontents (2022). EUI Department of Law Research Paper No. 10, 2022, Available at SSRN: https://ssrn.com/abstract=4151675 or http://dx.doi.org/10.2139/ssrn.4151675

Julio Baquero Cruz (Contact Author)

European Union - Directorate General for Legal Service

Brussels
Belgium

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