The Weiss judgment and the principle of proportionality according to the Court of Luxembourg ; La sentenza Weiss e il principio di proporzionalità secondo la Corte di Lussemburgo

In the judgment here under discussion, the Court of Justice of the European Unionuses the principle of proportionality in examining the Public Sector Purchase Programme (PSPP), now partly akin to the Pandemic Emergency Purchase Programme (PEPP). The grounds of the judgment show a partially different implementation of the proportionality test from that developed by German legal dogmatics, as subsequently highlighted by the BVerfG in its decision of 5 May 2020. In particular, the CJEU took into account the exceptional context in which the PSPP was adopted, such as the sovereign debt crisis that... Mehr ...