Constance Grewe

Emeritus professor at the University of Strasbourg and former judge at the Constitutional Court of Bosnia and Herzegovina (2004-2016)

The judgment of the German Constitutional Court was necessarily expected as such, but it had undergone a lengthy preparation: since its Maastricht and Lisbon Treaty judgements, the BVerfG had indeed laid the groundwork which enabled to unfold its reasoning it in Weiss. They are two: standing for appeal and arguments to put forward . Overall, one can indeed regret the decision’s weaknesses in reasoning, to the point of where the BVerfG falls into ultra vires. In terms of legal theory, the judgement puts a fundamental debate back on the agenda, namely monism v. pluralism.

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