In a preliminary reference following the first reference ever by the Slovenian Constitutional Court (see the earlier comment by Samo Bardutzki) Advocate General Wahl of the European Court of Justice has published his Opinion (Case C‑526/14, Kotnik). According to Wahl the so-called Banking Communication of the European Commission on the application of state aid rules […]Read More..
News & Comments
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Read a summary of the judgment of the Court in French or Dutch. Read also the full jugdment in French, German, or Dutch.Read More..
The German Constitutional court has rejected the complaint the constitutional complaint against the OMT programme of the ECB, after its first preliminary reference ever. Notwithstanding the critical position already taken in its reference, and its criticism of the European Court of Justice's decision in the Gauweiler case, the Bundesverfassungsgericht finds the outcome "acceptable because on […]Read More..
On 10 September 2014 the Spanish Constitutional Court has admitted an action of unconstitutionality for breach of local competences (conflicto en defensa de la autonomia local) brought by nearly 3000 municipalities – by Leticia Diez Sanchez (EUI)January 16, 2015
The actions of unconstitutionality for breach of local competences can only be brought by 1,160 municipalities representing at least one-sixth of the Spanish population (about 7,8 million inhabitants), having been the first time that a sufficient number of local governments manage to lodge such an action – notably, about 850 of these 3000 municipalities are […]Read More..
Top Supreme Court judge Vassiliki Thanou was sworn in on Thursday to head a caretaker government that will lead Greece to new elections that are expected to take place on 20 September 2015. On 20 August, only hours after the ESM Board of Directors approved the first loan tranche of the 3rd Greek financial assistance […]Read More..
30 May 2014: Portuguese Constitutional Court declares pay, pension and welfare cuts unconstitutionalJune 24, 2014
See http://www.tribunalconstitucional.pt/tc/acordaos/20140413.html for the Constitutional Court decision in Portuguese (no English translation available).Read More..
Read the extensive comment on the recent Italian Constitutional Court Decision on pension cuts (Judgment 70/2015) in the Italian Journal Amministrazione e Contabilita (in Italian only). The comment is written by Gabriele Pepe, researcher in Administrative Law at Guglielmo Marconi University, and entitled "Necessita di un'adeguata motivazione della legge restrittivamente incidente nella sfera guiridica dei […]Read More..
Link: http://www.cortecostituzionale.it/schedaUltimoDeposito.do;jsessionid=4AAEF7D7EC33E6839EEBC97021B33FC1 On the brink of economic meltdown in 2011, the Monti government established a number of policies to reduce spending and reset the economy (the so-called Salva Italia package); one of these affected pension payments. In brief, the measure meant that those receiving a pension three times above the minimum (so those earning […]Read More..
The first preliminary reference to the Court of Justice of the EU by the Slovenian Constitutional Court: the case of the Commission’s Banking Communication – by Samo Bardutzky (University of Kent)January 16, 2015
The first ever request for a preliminary reference from the Court of Justice of the European Union (ECJ), made by the Slovenian Constitutional Court (Ustavno sodišče) stems from a case contesting measures adopted in order to cleanse the country’s toxic banking system (Case U-I-295/13). Bank of Slovenia made use of the possibility provided by the […]Read More..
The European Constitutional Law Review has published a new article "Asterity measures under judicial scrutiny: the Portuguese constitutional case-law" written by Mariana Canotilho, Teresa Violante and Rui Lanceiro. See also the relevant section of the 'Report on Portugal' by Rita De Brito Gião Hanek and Daniele Gallo on this website.Read More..
Tomas Dumbrovsky (J.S.D. Candidate at the Yale Law School, Assistant Professor at Charles University in Prague and author of the Reports on the Czech Republic and Slovakia) (This comment first appeared on I-CONnect: http://www.iconnectblog.com/2015/07/europeanizing-the-eurozone/) The way the Greek debt crisis was handled in the last weeks has been a public relations nightmare. The more or […]Read More..
On 16 June 2015 the Court of Justice of the EU has delivered its judgment in the preliminary reference by the German Constitutional Court on the ECB's OMT programme (C-62/14, Gauweiler e.a.). The Court has found that European law permits the OMT programme: it falls within the monetary policy mandate of the ECB, is proportionate, […]Read More..
Workshop Announcement Wednesday 3 June 2015: Odyssey of a Eurozone country. Adjudication of postnational law in national (constitutional) courtsMay 26, 2015
Poster_Workshop Adjudication of postnational law June 3Read More..
On Wednesday 14 January 2015 Advocate General Cruz Villalon has issued his Opinion in the Gauweiler case on the compatibility of the ECB's OMT-programme with EU law. According to the Advocate General, the OMT-programme is a monetary policy measure compatible with the mandate of the ECB and the monetary financing prohibition of article 123 TFEU if […]Read More..
In his introductory statement, Member of the ECB Executive Board Yves Mersch focused on the European Court of Justice's judgment in the Gauweiler case of 15 June 2016, and on two points, which the Bundesverfassungsgericht had identified in its communication with the European Central Bank as being significant: 1) timeliness and modalities for the implementation […]Read More..