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Author : Thomas Beukers,Bruno de Witte,Claire Kilpatrick
Publisher : Cambridge University Press
Page : 356 pages
File Size : 40,5 Mb
Release : 2017-07-06
Category : Law
ISBN : 9781107184497
A multilevel and comparative constitutional analysis of the impact of Euro-crisis law on the EU Constitution and its Member States.
Author : Vestert Borger
Publisher : Cambridge University Press
Page : 439 pages
File Size : 41,9 Mb
Release : 2020-10-08
Category : Business & Economics
ISBN : 9781108836364
Analyses the European Union's constitutional transformation during the euro crisis, especially the interaction between politics and the ECJ in its materialization.
Author : Alicia Hinarejos Parga
Publisher : Oxford Studies in European Law
Page : 241 pages
File Size : 48,7 Mb
Release : 2015
Category : Law
ISBN : 9780198714958
The euro area sovereign debt crisis has been the greatest threat to the euro since its inception, but the consequences of the crisis go well beyond the realm of macroeconomics: the crisis has cast doubt on the viability of a mechanism of integration such as the one envisaged in Economic and Monetary Union (EMU), and on the future of the European Union as a political project in the face of citizens' growing disaffection. The various responses to the crisis have not only altered the principles underlying EMU; they have also had a profound impact on the constitutional orders of the EU and its Member States. This book focuses on the euro area crisis and its aftermath from a constitutional perspective. It provides a critical analysis of the workings and evolution of Economic and Monetary Union, the changes brought by the crisis and their broader effects, and the constitutional obstacles to integration in this area. Looking forward, it tackles the uncertain future of economic and fiscal integration and the challenges posed. This is a compelling and incisive account of some of the most significant developments and dilemmas facing the European Union since its creation.
Author : Tomi Tuominen
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 44,6 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781800371590
This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism.
Author : Massimo Fichera
Publisher : Edward Elgar Publishing
Page : 181 pages
File Size : 47,9 Mb
Release : 2023-07-01
Category : Law
ISBN : 9781789909005
This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time.
Author : Kaarlo Tuori,Klaus Tuori
Publisher : Cambridge University Press
Page : 301 pages
File Size : 40,5 Mb
Release : 2014-01-09
Category : Business & Economics
ISBN : 9781107056558
Comprehensive overview of the Eurozone crisis from a multidimensional constitutional perspective which incorporates the underlying economic assumptions and developments.
Author : Ulrich Becker,Anastasia Poulou
Publisher : Oxford University Press
Page : 400 pages
File Size : 45,9 Mb
Release : 2020-11-25
Category : Law
ISBN : 9780192592682
Hit by the European financial and economic crisis in 2008, several Member States of the European Monetary Union (EMU) were unable to refinance their public debt through the financial markets. As a result, they asked for financial assistance from international institutions and European financial assistance mechanisms. That assistance often came at a high price for citizens, cuts in pensions and social assistance, and controversial reforms in public healthcare. These far-reaching reforms were, in many cases, experienced as violations of people's human rights. National constitutional courts, the Court of Justice of the EU, and the European Court of Human Rights issued a series of rulings on the conformity of the reforms in social protection initiated during the Eurozone crisis. This book offers a holistic analysis of the specific reforms in social protection introduced during the European financial crisis and their implications for constitutional law. Focusing on the social reforms of nine European countries that were greatly affected by the financial crisis, the volume seeks to address the legacy of the financial crisis on the application of constitutional law and the welfare state. The book will act as a helpful tool to legal academics interested in the challenges of constitutional and social law initiated by financial assistance conditionality, to advocates in quest of sound legal bases for the protection of individuals affected by social security reforms, and to national and international judges who are confronted with cases that question the legality and legitimacy of the crisis-related reforms.
Author : Armin von Bogdandy,Pál Sonnevend
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 53,8 Mb
Release : 2015-03-26
Category : Law
ISBN : 9781782253334
The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.
Author : Massimo Fichera,Sakari Hänninen
Publisher : Routledge
Page : 332 pages
File Size : 45,5 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317078432
European integration is an open-ended, ongoing process which has been deeply challenged by integral world capitalism. This study explores the present EU foundational dilemma, looking at the problematic relationship between the ideal model of integration and the reality of the 21st century. Including contributions from leading theorists, this volume explores the ways and extent to which the present European crisis could create a politico-legal space for new possibilities and opportunities for action. The authors discuss the current role of the EU, and whether it aspires to be a democratic polity or a functional organization based on inter-governmental bargaining. The chapters question whether the future of European integration after the crisis will be paved by decisions which conflict with its Treaty basis, and how it might come up with alternatives which would do more than echo the compulsions of the global market. Issues are analysed from a historical perspective to see what can be learnt from its past and to explore the options for the future. With contributions from prominent international legal and political scholars, the book will be of interest to academics, students and policy-makers working in these areas.
Author : Herwig C.H. Hofmann,Katerina Pantazatou,Giovanni Zaccaroni
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 42,5 Mb
Release : 2019
Category : Law
ISBN : 9781788978309
Demonstrating the ways in which the micro and macro-economic constitutions of Europe have reacted to legal measures enacted to counter the economic crisis of the past decade, this innovative book takes an interdisciplinary approach in its attempt to understand and portray the metamorphosis of the European Economic Constitution. It contains contributions from leading scholars and experts in European economic law, discussing the challenges, solutions found, problems arising and possible approaches to embed the economic constitution in the broader constitutional framework of the EU. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Author : Frederik Behre
Publisher : Kluwer Law International B.V.
Page : 527 pages
File Size : 42,9 Mb
Release : 2023-07-14
Category : Law
ISBN : 9789403541266
EU fiscal integration is indispensable to establishing a stable single currency in the long run. However, this integration is proving ever more difficult in light of increasing national constitutional opposition. The author of this groundbreaking book shows that this dilemma between EU fiscal integration and national constitutional limits can be refuted. He provides a structured, comparative overview and outlook on how the available national constitutional space can be adapted to the political aspirations aiming at implementing EU fiscal integration steps while at the same time effectively protecting the national constitutional values at stake. Beginning with a macro-comparative assessment of Finland and Germany – two countries which have comprehensively dealt with Eurocrisis-issues in largely contrasting constitutional ways – and continuing with a comparative assessment of the specific French, German, Polish, and Spanish constitutional (identity) limits, EU fiscal integration steps are tested against the charted national constitutional space to determine their attainability. The resulting overview identifies best practices that can be employed to locate constitutional space for EU fiscal integration while enhancing the protection of core constitutional principles. The analysis addresses such specific areas as the following: constitutional red-line limits vs. flexible or mutable constitutional approaches to EU fiscal integration; strict constitutional identity limits that formulate obstacles to the attainment of EU fiscal integration; how national constitutional authorities perceive and portray the EU in their respective approaches; integration measures as an increase in the impact of sovereign powers vs. loss of autonomous decision-making; application of national constitutional frameworks during the Eurocrisis; ex ante constitutional review and ex post judicial scrutiny in representative Member States; national budgetary responsibility and fiscal autonomy; emergency budgetary instruments; and funding options for fiscal integration. The analysis throughout highlights the important role EU integration plays in stabilizing core national constitutional values in light of such complex challenges as the COVID-19 pandemic, the current Russian war of aggression against Ukraine and the required common defence strategies, but also climate change and digitalization. In its innovative response to the urgent challenge of feasible EMU reforms to stabilize the euro, this book displays how national constitutional systems can address EU (fiscal) integration in a more flexible and yet more effective manner, how EU integration steps can engage with national constitutional concerns in a more structured manner, as well as specifically hownational parliaments can be integrated and play a decisive role even when budgetary and fiscal powers are conferred at the EU level, thereby identifying a future model for EU cooperation in politically important competence areas. It thus offers a constructive outlook on achievable fiscal integration steps which will prove of inestimable value to lawyers, judges, and policymakers at the national and EU levels.
Author : Mark Dawson,Henrik Enderlein,Christian Joerges
Publisher : Oxford University Press
Page : 286 pages
File Size : 45,9 Mb
Release : 2015
Category : Law
ISBN : 9780198752868
This volume examines the many open political, legal, and economic questions related to the functioning and fundamental structure of the Union as a whole and the economic and monetary union.
Author : Yiannis Drossos
Publisher : Bloomsbury Publishing
Page : 293 pages
File Size : 52,9 Mb
Release : 2020-12-10
Category : Law
ISBN : 9781509933815
This book provides a detailed analysis of the institutional transformations brought about by the financial crisis, focusing on the institution-building course of Europe and the Constitution-bending course in several Member States. It discusses the seemingly contradictory interplay between national and European institutions and the law resulting from the crisis, arguing that the anti-crisis exceptionality constitutes the matrix of the new normality of the reformed European economic governance. The author carries out a critical analysis of the new economic governance and its case-law with regular reference to relevant political episodes, key economic figures and to the hitherto lax modes and rules. The author also offers deep insights into the Greek adjustment programme and the crisis-related Greek and Portuguese constitutional case-law, presented in comparison with the German and French case-law. The book concludes with a critical overview of the profound mutations in the role of national Constitutions, instigated by the new European economic governance, and the emergence of a democratically deficient meta-constitutional mode of functioning of both the European institutions and national Constitutions.
Author : Massimo Fichera
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 43,7 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781785363900
In this insightful book, Massimo Fichera provides an original account of European integration as a process. He argues that European constitutionalism has been informed from its earliest stages by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. Employing this descriptive and normative conceptual framework to analyse the development of the EU as a polity, chapters cover significant recent events such as the Eurozone crisis, the refugee crisis, the rule of law crisis, Brexit and the constitutional identity crisis.
Author : Paul Blokker
Publisher : Routledge
Page : 240 pages
File Size : 44,6 Mb
Release : 2017-10-12
Category : Law
ISBN : 9781315453637
Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of ‘constitutional acceleration’ or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges – including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.