* * *
As the Journal did
with the German Constitutional Court's landmark Lisbon Case in 2009, we have again worked quickly to provide
you with commentary on and criticism of the Karlsruhe and Luxembourg courts'
recent engagement with the ESM Treaty. This timely special section, "The
ESM Before the Courts," was coordinated by GLJ editors Moritz Renner,
Emanuel Towfigh and Floris de Witte. The cases themselves, just as much as the
challenging notes we've collected here, more than adequately fill the month's
promised insight into "German" and "European" jurisprudence—even
while demonstrating that those old categories are increasingly questionable.
The general tenor of these pieces seems to be that the Karlsruhe court was up
to its old tricks and that the Luxembourg court was helping the EU chart new,
controversial territory, even if the path it laid out doesn't thoroughly
convince or satisfy.
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