Il ragionamento della Corte di Karlsruhe e l’autonomia della BCE
DI MARCO GOLDONI
Abstract: The decision made by the German Constitutional Court focuses primarily on the limits of the use of the proportionality test to understand the scope of the competences of the European Central Bank (BCE) and its autonomy of action, highlighting how the test, as well as organized by both the German court and the Court of Justice of the European Union (CGUE), it fails to thematize, while verifying the competences, the type of independence enjoyed by the BCE , which, in fact, continues to exercise a strong fascination on the two main courts of Europe, which not even recourse to the proportionality test can prevent.
Keywords: German Constitutional Court – BCE – Court of Justice – jurisdiction – autonomy of action – independence