Constitutional Change Through Euro Crisis Law
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| Author | : Vestert Borger |
| Publisher | : |
| Total Pages | : |
| Release | : 2020 |
| Genre | : Euro |
| ISBN | : 9781108864633 |
"In their fight against the debt crisis, the EU and its member states took measures that have profoundly changed the euro. As a result, it now differs fundamentally from when it was introduced by the Treaty of Maastricht. Surprisingly, this change has come about with hardly any formal amendment to the Union's 'basic constitutional charter', the Treaties. How, then, to understand this change? This book argues that the constitution of the EU has transformed, which occurs when constitutions change without amendment. The transformation is characterized by a broadening of the currency union conception of stability. Whereas it used to grant overriding importance to price stability, it now also attributes great significance to financial stability. Financial assistance operations for distressed member states well as government bond purchases by the European Central Bank are its key manifestations. Using solidarity as its lens, the book conceptualises the unity of the member states and analyses how this was preserved by political leaders during the crisis. It then shows how this changed the euro's legal set-up of and why the ECJ could not turn against this change in Pringle and Gauweiler"--
| Author | : Thomas Beukers |
| Publisher | : Cambridge University Press |
| Total Pages | : 356 |
| Release | : 2017-07-06 |
| Genre | : Law |
| ISBN | : 1316885658 |
Constitutional Change through Euro-Crisis Law contains a comparative constitutional analysis of the impact of a very broad range of euro-crisis law instruments on the EU and national constitutions. It covers contrasting assessments of the impact of euro-crisis law on national parliaments, various types of criticism on the EU economic governance framework, different views on what is needed to improve the multilevel system of economic governance, and valuable insights into the nature of emergency discourse in the legislative arena and of the spillover from the political to the judicial sphere. In addition, it deals with how bailout countries, even if part of the same group of euro area Member States subject to a programme, have reacted differently to the crisis.
| Author | : Anu Bradford |
| Publisher | : Oxford University Press |
| Total Pages | : 425 |
| Release | : 2020-01-27 |
| Genre | : Law |
| ISBN | : 0190088591 |
For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
| Author | : Tomi Tuominen |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 272 |
| Release | : 2021-06-25 |
| Genre | : Law |
| ISBN | : 1800371594 |
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 | : Tom Ginsburg |
| Publisher | : Cambridge University Press |
| Total Pages | : 342 |
| Release | : 2022-06-30 |
| Genre | : Law |
| ISBN | : 9781108729208 |
Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.
| Author | : Mai'a K. Davis Cross |
| Publisher | : Cambridge University Press |
| Total Pages | : 259 |
| Release | : 2017-03-02 |
| Genre | : Business & Economics |
| ISBN | : 1107147832 |
An analysis of the repeated existential crises affecting the resilience of the European Union in the twenty-first century.
| Author | : Robert Schütze |
| Publisher | : Cambridge University Press |
| Total Pages | : 539 |
| Release | : 2012-04-05 |
| Genre | : Law |
| ISBN | : 0521504902 |
This textbook on European constitutional law offers a coherent and scholarly analysis presented within a clear structure.
| Author | : Jonathan White |
| Publisher | : |
| Total Pages | : 240 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 0198791720 |
The book examines how a certain way of governing, invoking exceptional measures for exceptional times, has become central to the workings of the European Union.
| Author | : Michael A. Wilkinson |
| Publisher | : Oxford University Press |
| Total Pages | : 353 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 0198854757 |
This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.
| Author | : Elena-Simina Tănăsescu |
| Publisher | : Routledge |
| Total Pages | : 233 |
| Release | : 2021-11-29 |
| Genre | : Law |
| ISBN | : 1351723510 |
Exploring the balanced budget rule as an economic standard and as a legal principle, this book explains the context and content of the balanced budget rule and presents a critical appraisal of its impact on legal systems, political institutions and social values, and particularly an evaluation of its constitutionalization in the European and national legal systems. Examining a range of perspectives on the balanced budget rule as a legal principle, a series of chapters investigate the feasibility and effectiveness of the balanced budget rule. The book considers the impact this may have on the separation of powers within the state, on democratic decision-making, on the European social model and on the protection of fundamental social rights within the European Union. It suggests that this impact goes beyond the ethical issue of the public debt considered as a burden placed on future generations, and beyond injunctions imposed by international financial institutions on national public finances. The transfiguration of fiscal discipline from an economic requirement into a legal rule demanding a balanced budget embodies a challenge to the political nature of the budgetary process while creating the flexibility needed in order to further fiscal federalism within the European Union. This book argues that the balanced budget rule is nothing more than it has always been: an instrument for devising public policies in a rational manner, a tool for conceiving qualitative choices regarding the well-being of citizens.
