Is it Ultra Vires or Not? The Crisis Management Tools of ECB and their Conformity with EU Law, with Special Regard to the Decades Long ‘Debate Over Competence’ between the Federal Constitutional Court of Germany and the Court of Justice of the European Un

Abstract

In order to examine the issue indicated in the title, one must necessarily take a closer look at the principle of the primacy of EU law, since the unconditional prevalence of this principle has recently been called into question by the constitutional courts of several Member States. The question is, where the boundary between the two is, or in other words, where is the red line that the constitutional courts of the member states shall not pass.