Similar, therefore different: Judicial review of another unconventional monetary policy in Weiss (C-493/17)

Marijn Van Der Sluis*

*Corresponding author for this work

    Research output: Contribution to journalReview articleProfessionalpeer-review

    16 Citations (Scopus)

    Abstract

    In Weiss, the Court of Justice of the European Union (CJEU) was asked again by the German Federal Constitutional Court (FCC) to examine the legality of an unconventional monetary policy measure of the European Central Bank (ECB). The Court upheld the Public Sector Purchases Program (PSPP) using largely the same legal tests for government bond purchases as set out in its previous ruling. This case note argues that Weiss nevertheless signals a further unwillingness of the Court to strictly review the actions of the ECB, as the Court refrained from examining the actual effects and implementation of this unconventional measure. Even though the Court clarifies some legal issues surrounding the review of actions of the ECB, it shies away from offering a broader perspective on its own role in Economic and Monetary Union (EMU).

    Original languageEnglish
    Pages (from-to)263-284
    Number of pages22
    JournalLegal Issues of Economic Integration
    Volume46
    Issue number3
    Publication statusPublished - 2019

    Bibliographical note

    Publisher Copyright:
    © 2019 Kluwer Law International BV, The Netherlands

    Research programs

    • SAI 2010-01 RRL

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