February 16, 2014
After 57 years of shouting from the sidelines, last week the Bundesverfassungsgericht (German Federal Constitutional Court; GFCC) has for the first time chosen to take part in the game.
By Christina Eckes
For the first time ever, the GFCC referred a preliminary question to the Court of Justice of the European Union (CJEU). The occasion was the ECB case, in which the GFCC was asked to decide on the constitutionality of the European Central Bank´s much debated bond buying scheme. By referring the case, the GFCC may have chosen an easy way out; yet, it has also chosen the most legitimate way of dealing with the ECB case. The CJEU is better placed to defend a judicial ruling on whether or not an EU institution has overstepped its mandate than any national court could be.
At several earlier occasions (including a case concerning the European Stability Mechanism (ESM)), the GFCC ought to […]