Who is the Master of the Treaties? The Compact Theory in Karlsruhe

This paper argues that the judgment of the German Constitutional Court (BVG) on the Public Sector Purchase Programme (PSPP) understands the integration process in light of something resembling the “Compact Theory” approach. Indeed, the conclusion reached by the German Court and the application of the ultra vires doctrine, with the nullification effects, reminds us of what Boom wrote about Germany as the Virginia of Europe in 1995. Does it mean that the Compact Theory is back? Can we use it to understand the current state of affairs in the European integration process? This paper deals with these research questions.