Is This Completely M.A.D.? Three Views on the Ruling of the German FCC on 5th May 2020

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Abstract

This brief note, on the Bundesverfassungsgericht’s Weiss judgment of 5th May 2020, highlights three implications of the German Federal Constitutional Court’s landmark ruling and its constitutional significance with implications for the wider context of Member States’ cooperation in the EU and European integration as a whole. We explain the relevant background of the judgment and argue that the specific issue created by the judgment might be addressed quickly but that the resulting judicial turmoil for the broader relationship between the law of the EU and the Member States can only be remedied by treaty changes in the longer term in order to avoid the Mutually Assured Destruction (M.A.D.).

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Subject classification (UKÄ) – MANDATORY

  • Law

Keywords

  • EU law
Original languageEnglish
Pages (from-to)128-150
JournalNordic Journal of European Law
Volume3
Issue number1
Publication statusPublished - 2020 Jul 14
Publication categoryResearch
Peer-reviewedYes