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Euro-sceptical or Euro-phile? A critical analysis of the jurisprudence of the German Federal Constitutional Court on the process of European integration and decision-making

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thesis
posted on 14.11.2021, 08:10 by Sangmeister, Bernadette

On 14 January 2014, for the first time in its history, the German Federal Constitutional Court (FCC) decided to refer a decision to the Court of Justice of the European Union (CJEU). This referral, which concerned the issue of the legality of the European Central Bank’s bond-buying practices, must be seen as “historic” with regard to European integration and the relationship between European Union law and German constitutional law, forming part of important decisions of the FCC in this field since its first euro-critical judgment, Solange I, 40 years ago. Considering the high influence the German Federal Constitutional Court has had on the process of European integration, this paper aims at identifying and critiquing the lines of argumentation developed by the FCC in recent years in the field of European integration and decision-making before and after the Lisbon judgment in 2009, paying particular attention to the currently suspended OMT Decision proceedings in order to answer the question if a shift in the jurisprudence of the FCC from a euro-sceptical to a euro-phile approach has taken place.

History

Copyright Date

01/01/2014

Date of Award

01/01/2014

Publisher

Victoria University of Wellington - Te Herenga Waka

Rights License

Author Retains Copyright

Degree Grantor

Victoria University of Wellington - Te Herenga Waka

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Masters Research Paper or Project

Language

en_NZ

Victoria University of Wellington School

School of Law

Advisors

Patrono, Mario