Chapter 8 has the legality of the ECB at its heart and examines judicial review of ECB measures. The author refers to older ECJ cases on ECB independence, and the more recent national challenges to ECB monetary policy, but her analysis mostly focuses on two major rulings delivered by the ECJ - on preliminary references made by the Bundesverfassungsgericht (the Constitutional Court of Germany) - on the legality of the OMT and the QE programs: the Gauweiler and Weiss judgments. As the author explains, the fact that the ECB has been subject to so many legal actions is unusual in comparative perspectives, since in most other constitutional democracies action by central banks tend to be shielded from judicial review on standing grounds. Nevertheless, she stresses that the ECJ has fully validated the action of the ECB, effectively adopting a deferential standard of review, which is consonant with the greater technical expertise that the ECB has compared to the other EU institutions.
Stefania Baroncelli and Monica Rosini
The Brexit process challenges the principle of parliamentary sovereignty, the Grundnorm of the British constitutional system, in a number of ways. This chapter analyses three of them: the challenge brought by the use of referendum to decide on the UK membership of the EU; the effects on executive–legislative relations; and the problems raised by the existence of devolved legislatures in Scotland, Wales and Northern Ireland. These key challenges are addressed by looking in particular at the judgments of the courts, especially of the Supreme Court, which now, more than ever, seem to be of decisive importance in guiding the evolution of the UK form of State and government. The analysis shows how the principle of parliamentary sovereignty tends to resist these challenges and how such tensions seem to pave the way for its further development.