The German Federal Constitutional Court’s PSPP Judgment: Proportionality Review Par Excellence

Research output: Other contributionWeb publication/Blog post

Abstract

The analysis departs from the FCC’s stringent proportionality review to elaborate an argument on what intensity of review should be adopted when reviewing the ECB’s economic policies. Building on previous scholarly analyses (Öberg) and relevant Court case law( Spain v Council and Vodafone,) it suggests that the proper standard of proportionality analysis should primarily be guided by the nature of the actions by EU agencies and their relative discretion in taking such actions. This argument suggests that general legislative acts where EU agencies or institutions exercise some discretion should be subject to more deferential review whilst administrative decisions (being characterised by a more limited discretion on part of the institution or agency) should be subject to more intense judicial scrutiny. It concludes that the FCC was thus in principle right to criticise the Court of Justice’s approach to proportionality review of the ECB’s exercise of its discretion.

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Subject classification (UKÄ) – MANDATORY

  • Law

Keywords

  • EU law, Constitutional law
Original languageEnglish
Short descriptionThe blog aims at highlighting and commenting on current developments in EU case law and legislation, but will also discuss new relevant legal literature. Our posts provide concise, up to date commentary on legal developments within the EU.
Media of outputEuropean Law Blog
PublisherEuropean Law Blog
Number of pages5
Publication statusPublished - 2020 Jun 2
Publication categoryResearch
Peer-reviewedNo

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