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German court ruling mortal threat to EU https://www.irishtimes.com/opinion/letters/german-court-ruling-mortal-threat-to-eu-1.4260381">https://www.irishtimes.com/opinion/l... by Mr Justice Nial Fennelly SC (for Supreme Court Justice and CJEU AG) discussing his views on the next two articles.
OpEd by @RonanMcCrea following on from a ruling by the German Constitutional Court in Karlsruhe: https://www.irishtimes.com/opinion/german-constitutional-court-is-a-bigger-threat-to-eu-than-brexit-or-covid-19-1.4254549">https://www.irishtimes.com/opinion/g...
OpEd by @SenatorMcDowell on why Ireland should be slow to condemn Karlsruhe ruling: https://www.irishtimes.com/opinion/ireland-should-be-slow-to-condemn-karlsruhe-1.4257390">https://www.irishtimes.com/opinion/i...
The impugned Weiss Judgment of the CJEU C-439/17: http://curia.europa.eu/juris/liste.jsf?oqp=&for=&mat=or&lgrec=es&jge=&td=%3BALL&jur=C%2CT%2CF&num=C-493%252F17&page=1&dates=&pcs=Oor&lg=&pro=&nat=or&cit=none%252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&language=en&avg=&cid=85510">https://curia.europa.eu/juris/lis...
Reporting by Euronews in what the judgment is about: https://www.euronews.com/2020/05/15/germany-constitutional-court-gone-nuclear-what-happens-next-will-shape-the-eu-future-view">https://www.euronews.com/2020/05/1...
The BVerfG (Court) declared the CJEU’s ruling to be “objectively arbitrary” and, therefore, ultra vires and not applicable in Germany – due to the poor standard of review employed. An interesting approach.
Justice Fennelly’s point raises Van Gend en Loos C-26/62: http://curia.europa.eu/juris/documents.jsf?num=C-26/62">https://curia.europa.eu/juris/doc...
Van Gend en Loos established one of the fundamental principles of EU law. That being direct effect. The case involved adjudication on subject of duties declared payable cross border between NL and DE contrary to the EEC treaty.
Our own constitution sets out the position at Art 29.4.4 regarding European law, effect and compliance.
Justice Fennelly’s letter is interesting. No matter what way you sway on these issues. Lots of food for thought and inevitable infringement proceedings if what Ursula Von Der Leyen stated by media release is borne out:
A CJEU press release is also rare in the context of a Member State court ruling:
This thread threads a few bits together in case anyone’s interested. But in the legal world, such happenings are, well, exciting.
