Resumen de No Judicial Brexit of the German Federal Constitutional Court

Walter Frenz

• The judgment of the German Federal Constitutional Court on the legality of the OMT decision of the European Central Bank was eagerly awaited. On the one hand, the Federal Constitutional Court let the decision of the European Central Bank pass through the standards of the German Basic Law. On the other hand, it developed a modified position in co-operation with the CJEU and created new kinds of protection obligations from the right to a democratic participation of the citizen. These protection obligations justify a responsibility for integration of the German State bodies accompanied by the European integration process. All in all the position of the Federal Constitutional Court in its OMT judgment is more open to integration than in the Lisbon judgment. The obligation of the Federal Constitutional Court to make a reference to the CJEU is underlined. By this the Federal Constitutional Court is fully integrated in the European legal system and a judicial Brexit was prevented.