Balancing competences? Proportionality as an instrument to regulate the exercise of competences after the PSPP judgment of the Bundesverfassungsgericht

Abstract

Analysis of proportionality in the context of Article 5 TEU after the PSPP judgment - Bundesverfassungsgericht challenging Court of Justice to control European Central Bank's motives - Doctrinal tradition of 'smoking out' illicit motives through proportionality - Article 5(4) TEU: proportionality of exercise of competences, primarily safeguarding member states' autonomy - Court of Justice case law on proportionality: deferential standard of review towards measures of EU institutions - Bundesverfassungsgericht case law on federal competences and municipal autonomy: less deferential but still respectful standard of review - PSPP inconsistent with case law and with Article 5 TEU - Balancing-stage of proportionality unsuitable for motive control.