Table of Contents: I. Introduction. – II. The evolving relationship between the German Federal Constitutional Court and the CJEU under the ultra vires review. – III. The FCC criticism of the CJEU’s legal reasoning. – IV. The legal effects of the CJEU’s preliminary rulings.

Abstract: The Judgment of the German Federal Constitutional Court (FCC) of 21 June 2016 on the OMT Programme can be considered as the reaffirmation of a recent, less cooperative, approach of this Court towards the CJEU in the ultra vires review procedure. Indeed, while basing its decision on the CJEU’s Gauweiler preliminary ruling of 16 June 2015, the FCC rigorously criticizes the legal reasoning followed by the CJEU therein. Moreover, the FCC attributes broad legal effects to Gauweiler, but, in so doing, it strengthens its prerogatives towards the CJEU.

Keywords: German Federal Constitutional Court – ultra vires review – CJEU’s preliminary rulings – operative parts and reasons – erga omnes effects – CJEU’s legal reasoning – legal realism.

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European Papers, Vol. 1, 2016, No 2, pp. 395-403
ISSN 2499-8249 - doi: 10.15166/2499-8249/60

* Professor of International Law, University of Palermo, massimo.starita@unipa.it.