Articles for tag: EuGH, Mixed Grand Chamber, PSPP, Ultra Vires

Ultra vires and constitutional identity control – apples and oranges or two drops of water?

The PSPP decision raised the question of how to deal with competence and jurisdictional conflicts in the EU. Once suggestion is to install a Mixed Appeal Chamber of the CJEU. Apart from ultra vires control, the New Chamber could also engage in constitutional identity review of EU law. In order to do that I will propose, what I call, the “sequential” model of adjudication on Art. 4(2) TEU, which in my opinion can be applied in the current legal setting, but which could be potentially complemented with the establishment of the new chamber.

15. Juni 2020

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The EU Judiciary After Weiss

The damage to the integrity of the EU’s legal order and its rule of law is done, and the toothpaste cannot be pushed back into the tube. So the pressing questions now are two: How to address and mitigate the damage, and how to prevent its repetition. We propose that in the Conference on the Future of Europe serious consideration be given to the establishment of a new appeal jurisdiction within the Court of Justice, strictly and narrowly confined to Weiss type cases, where at issue is the delineation of the jurisdictional line between the Member States and their EU.

2. Juni 2020

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