Glosa do wyroku FTK z 5 maja 2020 r. w sprawie obligacji EBC
Gloss to the Federal Constitutional Court judgment of 5th May 2020 regarding the European Central Bank bonds

Summary/Abstract: On 5 May 2020, the FCC issued a judgement which is of prime importance for the further development of the European integration. In its ruling, the court did not apply the ratio decidendi for the decision of the EBC Council, made by the CJEU in its judgement from December 2018. However, the FCC observed an infringement by the EBC Council of the proportionality principle and a violation of the entrusted competences principle by both institutions, i.e. by the EBC Council and the CJEU and their acts were found to be issued outside the scope of competence (so-called ultra vires acts). In the above ruling, the FCC activated most of the constitutional principles and institutions created as of the 1970s to protect the primacy of the Basic Law of the Federal Republic of Germany. Th e judgement is a clear veto of the federalisation of the EU.

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