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OMT decision, Gauweiler and ors v German Bundestag (represented by its President Prof Dr Norbert Lammert, MdB) (with respect to the Organstreit, ie 2 BvE 13/13), German Bundestag (represented by its President Prof Dr Norbert Lammert, MdB) (joining) and German Federal Government (represented by the Federal Chancellor Dr Angela Merkel) (joining), Final judgment upon constitutional complaint and dispute between supreme federal organs, ECLI:DE:BVerfG:2016:rs20160621.2bvr272813, 2 BvR 2728/13, BVerfGE 142, 123, ILDC 2625 (DE 2016), 21st June 2016, Germany; Constitutional Court [BVerfG]

Reporter(s)

Björn Schiffbauer

OMT decision, Gauweiler and ors v German Bundestag (represented by its President Prof Dr Norbert Lammert, MdB) (with respect to the Organstreit, ie 2 BvE 13/13), German Bundestag (represented by its President Prof Dr Norbert Lammert, MdB) (joining) and German Federal Government (represented by the Federal Chancellor Dr Angela Merkel) (joining), Final judgment upon constitutional complaint and dispute between supreme federal organs, ECLI:DE:BVerfG:2016:rs20160621.2bvr272813, 2 BvR 2728/13, BVerfGE 142, 123, ILDC 2625 (DE 2016), 21st June 2016, Germany; Constitutional Court [BVerfG]

Whether the ‘right to democracy’ provided by Article 38(1) of the Basic Law entitled German citizens to influence the process of European integration.

Whether the German federal organs had a duty to counter acts of institutions, bodies, offices, and agencies of the European Union (‘EU’) that violated the German constitutional identity or constituted an ultra vires act.

Whether acts of institutions, bodies, offices, and agencies of the EU could undergo judicial review before the German Federal Constitutional Court by so-called ‘ultra vires review’ or ‘identity review’ proceedings.

Whether either the German Federal Constitutional Court or the Court of Justice of the European Union was entitled to interpret the legality of acts of institutions, bodies, offices, and agencies of the EU.

Whether the German Central Bank (‘Bundesbank‘) was permitted to participate in a future implementation of the ‘Decision on Technical Features of Outright Monetary Transactions’ even though the European Central Bank was the only competent body under European law.

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