Op-Ed: “An Infringement Action against Germany after its Constitutional Court’s ruling in Weiss? The Long Term and the Short Term” by Daniel Sarmiento

After the dust has settled, the time has come to reflect on what to do next. Once the German Federal Constitutional Court, the Bundesverfassungsgericht (‘BVerfG’) decided to drop the bomb and declare a judgment of the Court of Justice and the ECB’s Public Securities Purchase Programme ultra vires, where should we go from here? Is there any hope for an orderly exit from this mousetrap that the BVerfG has put Germany, the EU and its European partners in?

In a recent piece published in the midst of the shock, I argued that the Commission should bring an infringement action against Germany. It was a first reaction voiced not alone, but followed shortly by a statement of the Commission President announcing that the Institution was cons