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

TY - JOUR

T1 - Is This Completely M.A.D.? Three Views on the Ruling of the German FCC on 5th May 2020

AU - Engel, Annegret

AU - Nowag, Julian

AU - Groussot, Xavier

PY - 2020/7/14

Y1 - 2020/7/14

N2 - 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.).

AB - 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.).

KW - EU law

KW - EU-rätt

U2 - https://doi.org/10.36969/njel.v3i1.21995

DO - https://doi.org/10.36969/njel.v3i1.21995

M3 - Article

VL - 3

SP - 128

EP - 150

JO - Nordic Journal of European Law

JF - Nordic Journal of European Law

SN - 2003-1785

IS - 1

ER -