Del tránsito presidencial en la Sala 2.ª del TCFA y de su reflejo en la superación de su disparatada sentencia Weiss, de 5 de mayo de 2020
In the Weiss/PSPP judgment, the 2nd Chamber of the TCFA took the application of ultra vires control to the hither to unprecedented extreme of disallowing, as arbitrary and unfounded, the preliminary ruling of the CJEU and thus its inapplicability to the case; by means of an exorbitant exercise of al...
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| Format: | Article |
| Language: | Spanish |
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2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8044164 |
| Source: | Revista española de derecho constitucional, ISSN 0211-5743, Año nº 41, Nº 122, 2021, pags. 333-366 |
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| Summary: |
In the Weiss/PSPP judgment, the 2nd Chamber of the TCFA took the application of ultra vires control to the hither to unprecedented extreme of disallowing, as arbitrary and unfounded, the preliminary ruling of the CJEU and thus its inapplicability to the case; by means of an exorbitant exercise of alternative interpretation of the TEU (its alternative interpretation of the principle of proportionality gives its decision an arbitrary bias) to which is attached the prescription of tasks for the political bodies (which, in the medium term, appeal to the EU itself) to do and not to do. The reaction to such disregard for the jurisdictional dividing line has immediately led the 2nd Chamber, with its incoming presidency, to modulate the meaning and scope of its remaining jurisdiction of (not only) ultra vires control; releasing the Weiss ballast, in an attempt to recover the ius European congruence of its function as judge of the applicability of the EU Law and to recover its prestige as a point of reference. |
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