Op-Ed: “The EU Judiciary After Weiss – Proposing A New Mixed Chamber of the Court of Justice” by J.H.H. Weiler and Daniel Sarmiento

There is little point in rehearsing in length, yet again, the all too justified laments about the unfortunate decision of the German Federal Constitutional Court (‘BVerfG’) of 5 May 2020 in the case of Weiss on the European Central Bank’s public asset purchase programme.

Given the trivial nature of the BVerfG’s substantive ‘beef’ with the European Central Bank (ECB), the economic impact will be correspondingly trivial. A simple question by an MEP to the ECB which, it seems someone needs reminding, is only answerable to EU Institutions, will enable it to point to its publicly available records which will demonstrate, Urbi et Orbi, the breadth and depth of its deliberative process. And, ironically, in a spectacular twist of the Law