THE PUBLIC SECTOR PURCHASE PROGRAMME RULING OF THE GERMAN FEDERAL
CONSTITUTIONAL COURT AND THE EUROPEAN UNION LEGAL ORDER
The ruling of the Federal Constitutional Court (FCC) of Germany regarding the EU’s Public Sector Purchase Programme represents a striking new element in the judicial dialogue between the FCC and the Court of Justice of the European Union (CJEU) which not only has consequences for the aforementioned EU programme, but may have serious repercussions in a broader sense as regards the relationship between EU law and national constitutional law – as well as national constitutional courts and the CJEU. This paper looks at the central arguments of the GFCC ruling in this context and attempts to draw some conclusions regarding the future of the aforesaid relationship.
Keywords: Public Sector Purchase Programme, Bundesverfassungsgericht, constitutional identity, ultra vires acts.