The Ultra Vires Ruling: Deconstructing the German Federal Constitutional Court’s PSPP decision of 5 May 2020

Sometimes, a dissenting opinion turns out to be a prophecy. Arguably, this is true for Judge Lubbe-Wolff's assessment of the Federal Constitutional Court's 'OMT reference': 'In an effort to secure the rule of law, a court may happen to exceed judicial competence'. This...

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Bibliographic Details
Published inEuropean constitutional law review Vol. 16; no. 4; pp. 733 - 769
Main Author Mayer, Franz C.
Format Journal Article
LanguageEnglish
Published Cambridge, UK Cambridge University Press 01.12.2020
Subjects
Bias
Blogs
Case law
Case Notes
Central banks
Constitutional courts
Constitutional law
Councils
Court decisions
Criticism
Decisions
Democracy
Economic policy
European Court of Human Rights
Judges & magistrates
Judicial power
Legislatures
Mass media
Monetary policy
Parliaments
Public hearings
Rule of law
State court decisions
EUROPEAN UNION
GERMANY
Germany
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Summary:Sometimes, a dissenting opinion turns out to be a prophecy. Arguably, this is true for Judge Lubbe-Wolff's assessment of the Federal Constitutional Court's 'OMT reference': 'In an effort to secure the rule of law, a court may happen to exceed judicial competence'. This warning of judicial overconfidence, addressed to the Federal Constitutional Court's Senate majority in 2014, easily extends to the Federal Constitutional Court's 'PSPP' judgment of 5 May 2020. In this judgment, for the first time, the Second Senate of the Federal Constitutional Court declared certain acts of EU institutions to be outside the scope of EU powers - ''ultra vires''.
Bibliography:Informit, Melbourne (Vic)
European Constitutional Law Review, Vol. 16, No. 4, Dec 2020, 733-769
ISSN:1574-0196
1744-5515
DOI:10.1017/S1574019620000371