Wyrok niemieckiego Federalnego Trybunału Konstytucyjnego z dnia 18 marca 2014 r. Koniec sporu o konstytucyjność reformy strefy euro

• Authors: Jan Barcz

Title variants

EN

The Judgment of the German Federal Constitutional Court of March 18, 2014. Ends the Dispute over the Constitutionality of the Euro Area

• Languages of publication: PL

Abstracts

EN

In the recent years the Federal Constitutional Court has referred to the measures taken on the EU level in order to overcome the financial crisis in the Euro zone and its consequences. The judgment of 18 March 2014 provides the summary of these case-law, confirming its compliance with the German constitution: the Treaty establishing the European Stability Mechanism and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union. The reasoning of the German Court is consistent with the arguments resulting from the judgment of the Court of Justice of the European Union in Case C-370/12, Pringle. In the German legal doctrine, the judgment of the Federal Constitutional Court of 18 March 2014 is also coupled with the hope for reduction of the use of constitutional complaint for purposes of political struggle, which has become widespread particularly in the context of measures taken to reform the euro area. Nevertheless, in the context of mechanisms for interaction between parliament and government in relation to “EU issues”, an important question is the extension and precise establishing of the competences of the Bundestag (and Bundesrat) concerning the creation of internal (national) position to the European Stability Mechanism and the related powers to obtain relevant information from the federal government. It is also important that the mechanisms of cooperation between federal government and the Bundestag (Bundesrat) in the “EU issues” include matters connected with intergovernmental measures undertaken formally by the EU Member States — outside the EU institutional legal framework, but closely related to EU law. This solution may be the of interest to other EU Member States.

Keywords

EN

German Federal Constitutional Court; reform of euro area

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Przegląd Sejmowy
• Year: 2014
• Issue: 5(124)
• Pages: 91-108

Contributors

author

Jan Barcz

• Prof. dr hab., Akademia Leona Koźmińskiego w Warszawie