Il cortocircuito dell’interpretazione ultra vires

Abstract

The short circuit of the "ultra-vires" interpretation – The essay systematically traces the previous jurisprudence of the Bundesverfassungsgericht on "ultra-vires" control of EU acts. On this basis it critically examines the recent decision of 5 May 2020. "Ultra-vires" control is theoretically configured as the last remedy against acts subversive of the European institutions. For this reason, this control it has to be exercised within the framework of the autonomy that the Court of Justice has in its activity of interpretation. However, in this decision the Federal Constitutional Court seems to impose on the Court of Justice a particular method of interpretation as the only one correct, thus contradicting its precedents in this matter