Il principio di proporzionalità nella EZB Urteil del Tribunale costituzionale tedesco: una tecnologia giuridica funzionale a un obiettivo politico

The EZB Urteil of the German constitutional judge raises a multitude of questions concerning some of the “major issues” that have accompanied the process of European integration and the definition of the relationship between national constitutional systems and the EU legal order. The reasoning of the German constitutional court revolves around a problematic (and questionable, both in its legal premises and in its practical application) use of the principle of proportionality as a “legal technology” instrumental to the (political) objective of questioning the process of European integration and reaffirming the primacy of the democratic German State. In doing so, however, the German judge seems to be running into a series of contradictions, interpretative and methodological errors, and partial and inaccurate technical-legal evaluations.