Abstract

This article scrutinizes the impact of the widely criticized PSPP-judgement of the Federal Constitutional Court (FCC) on the Union´s legal order. It shows that the European Commission´s opening of an infringement procedure was inevitable due to the FCC´s disregard of the rules of the preliminary reference procedure, denies the necessity of a modification of the Union´s judicial architecture and develops recommendations for the future loyal cooperation between the FCC and the Court of Justice of the European Union (CJEU) in handling such disputes.

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