Deutschland über alles: una canción entonada por el Tribunal Constitucional alemán que invade Europa

Abstract

The German Constitutional Court, breaking all European legal barriers, has taken the strange decision of being the one to decide whether a European institution has incurred ultra vires in making a decision and consequently does not apply, at least in Germany. At the same time, it strongly disqualifies the Court of Justice, opening the possibility that in each Member State this trend will be followed and so unity in the interpretation of the Treaties will be completely ended, and with it, with European law all the same. At the same time, it seems that the time has come to modify the Court of Justice and demand that it be much more transparent, coherent and solvent in its decisions.