Europe and Crisis. Between Jurisdictional Conflicts and Pluralism (L Niglia (c) 2020)
Componente | Categoria |
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Alessandro Maurizi | Componenti strutturati del gruppo di ricerca |
Aurora Rasi | Componenti strutturati del gruppo di ricerca |
Massimo Coccia | Componenti strutturati del gruppo di ricerca |
In the context of the so called "crisis" of Europe --- constitutional, political, social, economic, existential---"jurisdictional conflicts" are developing among courts, and specifically among the German Federal Constitutional Court (notably, the BVerfG decision of 5 May 2020 on the European Central Bank "Pandemic Emergency Purchase Program") and the Court of Justice of the European Union (notably, the Weiss decision of 2018 on a similar Purchase Programme by the European Central Bank). They are conflicts not only about competences (EU and Member States) but also about proportionality, balancing and the so called responsibility to integration; they are conflicts that go towards reshaping the role of the courts and the role of the legislature and politics in Europe. This project is an analysis of these conflicts and their meaning in terms not just of "nationalism" (the German Constitutional Court defending sovereign powers) but of "pluralism".