Naslov
“Methodological Solange” or the Spirit of PSPP

Autori
Petrić, Davor

Izvornik
European Law Blog

Vrsta, podvrsta
Ostale vrste radova, ostalo

Godina
2020

Ključne riječi
German Federal Constitutional Court ; PSPP judgment ; interpretation of EU law ; Court of Justice ; “methodological Solange”

Sažetak
This contribution looks at the German Federal Constitutional Court’s PSPP judgment and its scrutiny of the methods of interpretation of EU law by the Court of Justice of the EU. Notably, the GFCC introduced a new Solange: its intention to accept the CJEU’s methodology as long as the latter does not arbitrarily disregard the principles common to national constitutional traditions. In discussing this “methodological Solange”, I will first show why the German court taking ever greater ownership in the interpretation of EU law, without engaging the CJEU and while circumscribing the preliminary rulings avenue, is the emerging “new normal”. Then I will describe how in several previous occasions the national courts’ concerns regarding the methodology employed by the Court of Justice have led the latter to gradually improve its reasoning, and how the PSPP piece might fit into this puzzle.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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