Wyrok niemieckiego Federalnego Trybunału Konstytucyjnego z dnia 18 marca 2014 r. Koniec sporu o konstytucyjność reformy strefy euro
The Judgment of the German Federal Constitutional Court of March 18, 2014. Ends the Dispute over the Constitutionality of the Euro Area

Summary/Abstract: In the recent years the Federal Constitutional Court has referred to the measures taken on the EU level in order to overcome the financial crisis in the Euro zone and its consequences. The judgmentof 18 March 2014 provides the summary of these case-law, confirming its compliance withthe German constitution: the Treaty establishing the European Stability Mechanism and the Treatyon Stability, Coordination and Governance in the Economic and Monetary Union. The reasoningof the German Court is consistent with the arguments resulting from the judgment of the Courtof Justice of the European Union in Case C-370/12, Pringle. In the German legal doctrine, thejudgment of the Federal Constitutional Court of 18 March 2014. is also coupled with the hope forreduction of the use of constitutional complaint for purposes of political struggle, which has becomewidespread particularly in the context of measures taken to reform the euro area. Nevertheless,in the context of mechanisms for interaction between parliament and government in relationto “EU issues”, an important question is the extension and precise establishing of the competencesof the Bundestag (and Bundesrat) concerning the creation of internal (national) position to the European Stability Mechanism and the related powers to obtain relevant information from thefederal government. It is also important that the mechanisms of cooperation between federal governmentand the Bundestag (Bundesrat) in the “EU issues” include matters connected with intergovernmental measures undertaken formally by the EU Member States — outside the EU institutionallegal framework, but closely related to EU law. This solution may be the of interest toother EU Member States

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