A Matter of Competence?


In the aftermath of the BVerfG’s controversial ruling on the ecb’s Public Sector Purchase Programme and the launch of an infringement procedure against Germany, politicians and legal scholars have called once more for the establishment of an “EU Competence Court”. Such a court would be the sole arbiter of competence disputes between the EU and its Member States. This article first recapitulates the current assessment of EU competences and its problems. Subsequently, it illustrates what the proposals to establish an EU Competence Court would entail and examines the different models they draw inspiration from by using a comparative approach. Ultimately, it is argued that none of these concepts stands up to closer scrutiny. Instead, the article uses further legal comparison to develop a two-tier solution: the first tier includes modifications to the cjeu’s decision-making process, while the second tier implements a new “constitutional advisory mechanism” to strengthen judicial multilogue.