The German Federal Constitutional Court’s PSPP Judgment: Proportionality Review Par Excellence
The analysis departs from the FCC’s stringent proportionality review to elaborate an argument on what intensity of review should be adopted when reviewing the ECB’s economic policies. Building on previous scholarly analyses (Öberg) and relevant Court case law( Spain v Council and Vodafone,) it suggests that the proper standard of proportionality analysis should primarily be guided by the nature of