La sentencia del Tribunal Constitucional Federal Alemán sobre el Programa de Compra de Bonos por el Banco Central Europeo: el control ultra vires y la primacía del Derecho Europeo

Abstract

The judgment of the German Federal Constitutional Court on the PSPP by the European Central Bank: ultra vires control and the primacy of European Law. The judgment of 5-V-2020 of the German Federal Constitutional Court highlights the need to undertake reforms in the future. Both the proclamation of a European Constitution and the unification of fiscal policy are long-term measures that currently seem difficult to introduce. Considering the injury that supposes for the primacy of Union Law that a Constitutional Court of a Member State declares a judgment of the European Court of Justice ultra vires, it raises the advisability of renewing the procedure of the preliminary question before the European Court of Justice, giving more audience to the concerned State, and more widely motivating decisions. Member States have the responsibility to participate in European integration, also monitoring compliance with the treaties, for this, through control of the constitutional identity of each State, it seems more suitable than that of ultra vires control