The reactions of the Italian scholarship to the judgement of the BundesVerafussungsGericht of 5 May 2020 on Public Sector Purchase Programme

By Marcello Clarich

The article discusses a recent ruling of the German Federal Constitutional Court (of 5 May 2020) that declared ultra vires a ruling of the Court of Justice of the European Union (Weiss case) regarding the purchase of government bonds by the European Central Bank. The Court reaffirmed its ultimate jurisdiction to assess the correct interpretation of European treaties in cases where they conflict with the German Constitution. The essay analyses the most relevant arguments of the ruling and makes a comparison with the case law of the Italian Constitutional Court on this issue (particularly on the Taricco case).