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Good piece by @MESandbu. ft.com/content/79484c…. From an English lawyer’s perspective, a startling aspect of the case is the Bundesverfassungsgericht’s willingness to charge enthusiastically into the field of macro-economic policy. Hard to imagine an English court doing that.
That reluctance is wise. As @MESandbu and his sources point out, the BVG’s charge into this area has not exactly been impressive.
Worth noting though that it is not only the BVG that has questioned whether the tension between national constitutional orders and the supremacy of EU law must always be resolved in favour of EU law.
See this, from a former Member State not known for having rigid constitutional principles: the UK Supreme Court in HS2 [2014] UKSC 3.
Although the SC was not there saying - as the BVG did - that the CJEU had got EU law wrong.
More common from the UK courts is the complaint that ECJ judgments are incomprehensible. These passages are from bailii.org/ew/cases/EWCA/…
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