Walking a Tightrope – Looking Back on Risky Position of German Federal Constitutional Court in OMT Preliminary Question
Walking a Tightrope – Looking Back on Risky Position of German Federal Constitutional Court in OMT Preliminary Question

Summary/Abstract: The paper analyzes the relevant parts of the OMT ruling 2014 of the German Federal Constitutional Court (FCC) with regard to the question whether FCC acted in conflict with its prior case law, respectively with its powers. Emphasis is placed first on issues relating to the concept of a constitutional complaint, which was accepted in the decision. The paper also analyzes the extent to which the previously defined criteria for ultra vires review were met in the decision. This is related to the issue of a preliminary reference and to the question of manifest exceeding of the competences by the EU. The article also deals with the issue of possible ordering of the constitutional organs by the Constitutional Court and with the concept of constitutional identity from the perspective of FCC.

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