The EU Battle on the Last Word and the Environment

Abstract

In May 2020, the German constitutional court decided that under certain conditions, a decision by the Court of Justice of the European Union should or could be ignored by a national court, which would have the last word to decide on the compatibility with the EU Treaties of a measure adopted by an EU institution or body. The contribution examines, whether this German decision is compatible with the EU Treaties and concludes that it this is not the case.