The ultra vires decision of the German Constitutional Court

The German Constitutional Court’s ruling on the ECB’s PSPP put Europe in a turmoil. By declaring a ruling of the European Court of Justice ultra vires, and therefore not legally binding on Germany, the Bundesverfassungsgericht openly called into question the primacy of EU law and the authority of the ECJ. In this policy paper, Dr. Thu Nguyen and Dr. Merijn Chamon argue that on these grounds there is good reason for the European Commission to bring infringement proceedings against Germany in order to, amongst others, protect the European legal order and emphasize the notion of equality of States in the EU.

Merijn Chamon is Assistant Professor for EU Law at Maastricht University

Image: CC HG-Fotografie, Source: Pixabay