Is this Completely M.A.D.? Three Views of the Ruling of the German FCC on 5th May 2020

Abstract

This brief note, on the Bundesverfassungsgericht’s Weiss judgment of 5th May 2020, highlights three implications of the German Federal Constitutional Court’s landmark ruling and its constitutional significance with implications for the wider context of Member States’ cooperation in the EU and European integration as a whole. We explain the relevant background of the judgment and argue that the specific issue created by the judgment might be addressed quickly but that the resulting judicial turmoil for the broader relationship between the law of the EU and the Member States can only be remedied by treaty changes in the longer term in order to avoid the Mutually Assured Destruction (M.A.D.).