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Results ( 13 ) : 2016 - 1.


A Legal Analysis of the Gauweiler Case: Between Monetary Policy and Constitutional Conflict

Authors: T. Tridimas, N. Xanthoulis

Abstract: In Gauweiler, in response to the first ever preliminary reference made by the German Federal Constitutional Court (Bundesverfassungsgericht; FCC), the Court of Justice gave the green light to the ECB’s power to selectively purchase Eurozone governm...


The Luxembourg ‘Double Look’: The Advocate General’s Opinion and the Judgment in the Gauweiler Case

Authors: D. Sarmiento

Abstract: The interpretation given by the Court of Justice of the European Union (Court of Justice) in the Gauweiler case is mostly in line with the proposal submitted by Advocate General Cruz Villalón in his Opinion. However, the difference in the Court and...


The EMU after the Gauweiler Judgment and the Juncker Report

Authors: J-V- Louis

Abstract: In drawing heavily on its case law related to the distinction between the economic and monetary policy (EMU), the extent of control of discretionary power, motivation and proportionality, and the prohibition of monetary financing, the Court of Just...


The Gauweiler Judgment in View of the Case Law of the European Court of Justice on European Central Bank Independence: Between Substance and Form

Authors: S. Baroncelli

Abstract: This article attempts to highlight the difference between the form and the substance of the Gauweiler judgment on the OMT programme undertaken by the European Central Bank. While the case is based upon a formal interpretation, reference to the subs...


Pereat Iustitia, Fiat Mundus: What is Left of the European Economic Constitution after the Gauweiler Litigation?

Authors: C. Joerges

Abstract: Europe’s responses to the crisis seem neither guided by one of the varieties of economic liberalism nor informed by a Keynesian or any other theoretical paradigm. What kind of rule are we then exposed to if we leave it to the European Central Bank ...


Constitutional Pluralism as Mutually Assured Discretion: The Court of Justice, the German Federal Constitutional Court, and the ECB

Authors: M. Goldmann

Abstract: This article analyses the standard of review applied by the Court of Justice in the Gauweiler case concerning the European Central Bank’s (ECB) Outright Monetary Transaction (OMT) policy. It argues that the Court’s focus on rationality and proporti...


On the Unsustainability of Constitutional Pluralism: European Supremacy and the Survival of the Eurozone

Authors: R.D. Kelemen

Abstract: For years, the Court of Justice of the European Union (Court of Justice) and national constitutional courts – particularly the German Federal Constitutional Court (Bundesverfassungsgericht; FCC) – have engaged in what developmental psychologists mi...


The Validity and Primacy of EU Law and the ‘Cooperative Relationship’ between National Constitutional Courts and the Court of Justice of the European Union

Authors: M. Claes

Abstract: This article places the Gauweiler reference in a broader comparative perspective, in two distinct ways. First, it offers a comparative analysis of the positions of other constitutional courts on the primacy of EU and national constitutional reserva...


The ECB’s Powers and Institutional Role in the Financial Crisis: A Confirmation from the Court of Justice of the European Union

Authors: C. Zilioli

Abstract: In the Gauweiler decision the Court of Justice of the European Union has confirmed that the European Central Bank’s (ECB) non-conventional measures fall within its monetary policy competence, fulfil the proportionality requirement and contain safeg...