The Euro Area Crisis in Constitutional Perspective

The Euro Area Crisis in Constitutional Perspective

A critical analysis of the evolution of Economic and Monetary Union, this book examines the changes brought about by the financial crisis.

Author: Alicia Hinarejos

Publisher: Oxford University Press, USA

ISBN: 9780198714958

Category: Law

Page: 219

View: 715

The euro area sovereign debt crisis has been the greatest threat to the euro since its inception, but the consequences of the crisis go beyond the realm of macroeconomics: the crisis has had important consequences for the constitutional order of the EU and its Member States, and it has cast doubt on the future of the European Union as a political project in the face of citizens' growing disaffection. This monograph focuses on the euroarea 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 theirbroader effects, and the constitutional obstacles to integration in this area. The monograph is also forward looking, as it tackles the uncertain future of economic and fiscal integration. This is a compelling and incisive account of some of the most significant developments and dilemmas facing the European Union since its creation.
Categories: Law

Economic Governance in Europe

Economic Governance in Europe

63 See Kaarlo Tuori and Klaus Tuori, The Eurozone Crisis: A Constitutional
Analysis (CUP 2014); and Alicia Hinarejos, The Euro Area Crisis in Constitutional
Perspective (OUP 2015). 64 But see Aart Loubert, “Sovereign Debt Threatens the
 ...

Author: Federico Fabbrini

Publisher: Oxford University Press

ISBN: 9780191065934

Category: Law

Page: 300

View: 713

The Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini's book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) the relations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves. The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear, however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balance between state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.
Categories: Law

The Metamorphosis of the European Economic Constitution

The Metamorphosis of the European Economic Constitution

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 ...

Author: Herwig C.H. Hofmann

Publisher: Edward Elgar Publishing

ISBN: 9781788978309

Category: Law

Page: 352

View: 910

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}
Categories: Law

The Law Politics of Brexit

The Law   Politics of Brexit

This book covers the political and legal implications of the United Kingdom's decision to leave the European Union.

Author: Federico Fabbrini

Publisher: Oxford University Press

ISBN: 9780198811763

Category: Law

Page: 300

View: 874

The decision by the people of the United Kingdom to vote in a referendum in June 2016 to leave the European Union has produced shock-waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treaty on the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the utmost importance. This book brings together leading lawyers, economists and political scientists to discuss the constitutional implications of Brexit and propose possible solutions for the way forward. The book is structured around four main themes. First, it considers how Brexit will be implemented legally and politically, in terms of the withdrawal and the possible new relations between the UK and the EU. Second, it examines the implications of Brexit on the constitutional structure of the UK, as well as on the status of Northern Ireland and the relations with the Republic of Ireland. Third, it examines the implications of Brexit on the constitutional structure of the EU, focusing on a number of key areas of EU policy-making, notably the Area of Freedom Security and Justice, the Single Market, and Economic and Monetary Union. Fourth and finally, the book looks into the mid to long term future, and discusses the prospects for relaunching the EU after and beyond Brexit.
Categories: Law

Constitutional Crisis in the European Constitutional Area

Constitutional Crisis in the European Constitutional Area

The Charter is hence, on the one hand, part and parcel of the European
Constitutional Area, and can even be ... a number of provisions are formulated
from a predominantly European perspective, eg Article 34(3) CFREU speaks of
the Union's ...

Author: Armin von Bogdandy

Publisher: Bloomsbury Publishing

ISBN: 9781782253341

Category: Law

Page: 326

View: 589

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.
Categories: Law

State Aid and the European Economic Constitution

State Aid and the European Economic Constitution

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 W Sauter, 'The
Economic Constitution of the European ... For an insightful account of ordo-liberal
echoes in the current debate regarding the euro-zone sovereign debt crisis see P
... Maduro, We the Court (n 1) 103–50; A Somek, 'Equality and Constitutional
Indeterminacy: An Interpretative Perspective on the European Economic
Constitution' ...

Author: Francesco de Cecco

Publisher: Bloomsbury Publishing

ISBN: 9781782250517

Category: Law

Page: 210

View: 764

Recent years have seen the rise of EU State aid law as a crucial component of the European economic constitution. To date, however, the literature has neglected the contribution of this area of EU law to the internal market. This book seeks to fill this gap in our understanding of the economic constitution by exploring the significance of State aid law in addressing questions that go to the core of the internal market project. It does so by examining the case law relating to three different activities that Member States engage in: market participation, market regulation, and funding for Services of General Economic Interest. Each of these areas offers insights into fundamental questions surrounding the economic constitution, such as the separation between the State and the market, the scope for Member States to engage in regulatory competition, and the tension between market and nonmarket concerns.
Categories: Law

The Unitary EU Patent System

The Unitary EU Patent System

6 A Constitutional Perspective TUOMAS MYLLY* I. Introduction Before being fully
born, the unitary patent package (UPP) is facing an identity crisis. Its Union law
identity is called into question by the controversial removal of most substantive ...

Author: Justine Pila

Publisher: Bloomsbury Publishing

ISBN: 9781782255062

Category: Law

Page: 278

View: 526

The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and 1260/2012 and the Unified Patent Court Agreement 2013. The originality of this work lies in its individual contributions and uniquely broad approach, taking six different (historical, constitutional, international, competition, institutional and forward-looking) perspectives on the proposed patent system. This means that the book offers a multi-authored and all round legal appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, and competition law, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, which it is the purpose of the book to engage with. This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law.
Categories: Law

Trust in the European Union in Challenging Times

Trust in the European Union in Challenging Times

This is the first book in the Interdisciplinary European Studies collection. This volume provides an interdisciplinary perspective on trust in the EU from the vantage point of political science, law and economics.

Author: Antonina Bakardjieva Engelbrekt

Publisher: Springer

ISBN: 9783319738574

Category: Political Science

Page: 248

View: 904

This is the first book in the Interdisciplinary European Studies collection. This volume provides an interdisciplinary perspective on trust in the EU from the vantage point of political science, law and economics. It applies insights from a number of different dimensions – political institutions, legal convergence in criminal and civil law, social trust, digitalization, the diffusion of political values and norms, monetary convergence and the legitimacy of political systems – to approach the highly complex issue of trust in the EU in a clear-sighted, relevant and insightful manner. Written by renowned experts in the field, the style is accessible and reader-friendly, yet concise, knowledgeable and thought-provoking. The individual chapters combine up-to-date research findings with reflections on on-going political debates and offer useful, concrete ideas on what steps the EU could take to address the challenge of trust. The book provides the reader with invaluable insights into how trust, or rather the lack of trust, poses a challenge to the future of the social, economic and political developments in the EU. It is a must-read for policy-makers, students and interested members of the public who feel concerned by the future of Europe.
Categories: Political Science

EU Constitutional Law

EU Constitutional Law

By the time euro notes and coins were put into circulation on 1 January 2002, the
euro area had been enlarged to encompass ... to the euro was smooth both from
a national and EMU perspective'.4 What is more, the primary objective of price
stability has largely been ... in the words of the Treaty itself, is 'irrevocable'.8
However, the years 2009–11 saw an unprecedented crisis, making it impossible
for ...

Author: Allan Rosas

Publisher: Bloomsbury Publishing

ISBN: 9781847319852

Category: Law

Page: 332

View: 694

The second revised edition of this acclaimed book brings the story of the EU's constitutional journey up to date. The EU's constitution, composed of a myriad of legal texts, case law and practice, is a moving target subject to continuous change, and the past two years have seen no slacking in the pace of that change. With a wider geographical ambit than ever, the EU faces unprecedented political, economic and cultural challenges, all of which impact upon the evolution of its constitution. Moreover, the crisis in the Eurozone has given rise to the need for a whole new chapter focussing on the institutional reforms embarked upon in the quest to restore financial order. The book succeeds, where others have struggled, in making sense of the EU's complex constitutional order, focussing on its essential features but taking into account the profound changes that have taken place over the past 20 years. The EU has become much more than an internal economic market and has recently become active in areas such as immigration and third-country nationals, security and defence policy, and penal law and procedure, while the crisis in the Eurozone has triggered an increasing focus on economic and fiscal policy. Eschewing too much detail the authors underline the essential values, principles and objectives of the integration regime as well as its basic normative structure and hierarchy. In this context, the decentralised nature of the EU is highlighted as an integral part of its constitutional make-up. Recurring themes include European citizenship, fundamental rights and the rule of law. The book also confronts head-on the problems and challenges facing the Union and the gap which is often perceived between lofty ideals and harsh realities. The book will be useful to students of EU law and European integration but will also appeal to a broader audience of researchers and practitioners, including political scientists.
Categories: Law

The Euro Crisis

The Euro Crisis

Sawyer (2006c). 'Macroeconomic Policy and the European Constitution', inP.
Arestis andM. Sawyer (eds),Alternative Perspectives on Economic Policies in
theEuropean Union, Basingstoke: Palgrave Macmillan. ... Schauble (2011), 'Our
plan will rescue Greece and protect Europe', Financial Times, 28 July. Barry, F. (
1999).

Author: P. Arestis

Publisher: Springer

ISBN: 9780230393547

Category: Political Science

Page: 276

View: 959

A detailed and informed analysis of the current crisis facing the eurozone, examining the root causes and exploring the possible outcomes and uncertain future of the European Union and its currency. Chapters include case studies of Portugal, Ireland, Spain and Greece, as well as broader comparative perspectives.
Categories: Political Science

Polity and Crisis

Polity and Crisis

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.

Author: Dr Massimo Fichera

Publisher: Ashgate Publishing, Ltd.

ISBN: 9781472412935

Category: Law

Page: 332

View: 297

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.
Categories: Law

The Legal Order of the European Union

The Legal Order of the European Union

The Courtof Justicemust ensure these challenges donotlead to constitutional
crises ineitherorder, giventhe Union, asa ... Parallel claims of legal competence
inany givenarea haveimplications forthe aconstituted« status of each order and
hence forthe relationship between orders. ... The chapter The CourtofJustice 5
The values of the European Union legal order: constitutional perspectives Union
or ...

Author: Timothy Moorhead

Publisher: Routledge

ISBN: 9781134446209

Category: Law

Page: 162

View: 774

The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law’s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law’s institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.
Categories: Law

Which European Union

Which European Union

"In the EU experience, the very concept of union was formally used for the first time in the preamble of the 1957 Rome Treaty establishing the European Economic Community (EEC), when the signatory states expressed their determination "to ...

Author: Sergio Fabbrini

Publisher: Cambridge University Press

ISBN: 9781107103948

Category: Political Science

Page: 368

View: 628

"In the EU experience, the very concept of union was formally used for the first time in the preamble of the 1957 Rome Treaty establishing the European Economic Community (EEC), when the signatory states expressed their determination "to lay the foundations of an ever-closer union among the peoples of Europe". This concept was then strengthened in the 1992 Maastricht Treaty or Treaty establishing the European Union (TEU), when the signatory states reaffirmed in the Treaty's preamble their resolution "to continue the process of creating an ever closer union among the peoples of Europe""--
Categories: Political Science

A Monetary Hope for Europe

A Monetary Hope for Europe

A Monetary Hope for Europe. This book studies the euro in a global perspective and opens a new series edited by the Jean Monnet European Centre of Excellence of the University of Florence, Verso l'unificazione europea.

Author: Max Guderzo

Publisher: Firenze University Press

ISBN: 9788866559658

Category: Business & Economics

Page: 241

View: 842

A Monetary Hope for Europe. This book studies the euro in a global perspective and opens a new series edited by the Jean Monnet European Centre of Excellence of the University of Florence, Verso l’unificazione europea. Most of the chapters have been written by economists who met and discussed their diverse views at a multi-disciplinary conference organized by the Centre in May 2013 under the title The euro and the struggle for the creation of a new global currency: Problems and perspectives in the building of the political, financial and economic foundations of the European federal government. The list of contributors also includes historians as well as European and international law academics. Their essays have been revised on the basis and against the backdrop of an ongoing crisis of both the euro and the whole European project in the last years and months. The volume aims to provide useful data and interpretations to improve knowledge on the euro and the European Union in their economic, historical, juridical and political perspectives. --
Categories: Business & Economics

Legal Challenges in the Global Financial Crisis

Legal Challenges in the Global Financial Crisis

Bail-outs, the Euro and Regulation Wolf-Georg Ringe, Peter M Huber ... policies
and to improve the governance of the Euro area, thereby supporting the
achievement of the European Union's ... 3 See, for a UK perspective, J
McEldowney, 'Debt Limits in German Constitutional Law – A UK Perspective', ch
5 in this volume.

Author: Wolf-Georg Ringe

Publisher: Bloomsbury Publishing

ISBN: 9781782252566

Category: Law

Page: 288

View: 596

The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike. One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate.While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries. This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (academia, practice, policy-making) and a number of different jurisdictions.The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation.
Categories: Law

The End of the Eurocrats Dream

The End of the Eurocrats  Dream

This volume argues that the crisis of the European Union is not merely a fiscal crisis but reveals and amplifies deeper flaws in the structure of the EU itself.

Author: Damian Chalmers

Publisher: Cambridge University Press

ISBN: 9781316598467

Category: Law

Page:

View: 411

This volume argues that the crisis of the European Union is not merely a fiscal crisis but reveals and amplifies deeper flaws in the structure of the EU itself. It is a multidimensional crisis of the economic, legal and political cornerstones of European integration and marks the end of the technocratic mode of integration which has been dominant since the 1950s. The EU has a weak political and administrative centre, relies excessively on governance by law, is challenged by increasing heterogeneity and displays increasingly interlocked levels of government. During the crisis, it has become more and more asymmetrical and has intervened massively in domestic economic and legal systems. A team of economists, lawyers, philosophers and political scientists analyze these deeper dimensions of the European crisis from a broader theoretical perspective with a view towards contributing to a better understanding and shaping the trajectory of the EU.
Categories: Law

Enlarging the Euro Area

Enlarging the Euro Area

The crisis in European political unification and in economic union , as
exemplified in the Lisbon process and in the SGP , meant ... By 2005 the EU was
confronted by a series of crises : an institutional crisis of legitimacy over the
Constitutional Treaty ... From the perspective of Euro Area member states fit was
more likely to be defined in a highly restrictive way , and negotiating fit made
more problematic .

Author: Kenneth Dyson

Publisher: Oxford University Press

ISBN: STANFORD:36105127450299

Category: Business & Economics

Page: 376

View: 930

This book seeks to offer the first in-depth and systematic analysis of the challenges of the Euro Area and the eastward enlargement of the European Union. It focuses in particular on how the prolonged process of accession to the Euro Area is affecting domestic economic policies in the accession states of east central Europe.It contributes to Europeanization studies, comparative political economy and to studies of Economic and Monetary Union. It also provides a picture of processes of domestic transformation in such countries as the three Baltic States, Bulgaria, the Czech Republic, Hungary, Poland and Romania.The book brings together a range of recognized experts from across Europe and combines country and sectoral case studies with a thematic treatment. It begins by offering an 'outside-in' perspective, which situates the effects of EMU on the accession states in the wider context of the development of global economic norms. The second part focuses on an 'inside-out' analysis of how Euro Area accession affects the states of east central Europe - their policies, politics and public institutions. Thefinal part assesses how Euro Area accession is affecting key policy sectors in east central Europe: financial market regulation, fiscal policies and welfare states and labour markets.
Categories: Business & Economics

The Economic and Financial Crisis and Collective Labour Law in Europe

The Economic and Financial Crisis and Collective Labour Law in Europe

The management ofthe economic and financial crisis andof the
followingsovereign debt crisis hasfurther increased the ability of ... within the
EuropeanUnion and the eurozone, to sucha critical extentthat constitutional
reviews andcomplaints tothe ... Such reactionscome, onthe onehand, fromeuro
area member statesthatare atthe epicentre ofthe economic and ... Replaced in a
historical perspective, the twolatter issues are inherited fromWorking Group VIon
economic governance,2 ...

Author: Niklas Bruun

Publisher: Bloomsbury Publishing

ISBN: 9781782254454

Category: Law

Page: 304

View: 835

The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.
Categories: Law

The Many Constitutions of Europe

The Many Constitutions of Europe

This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality.

Author: Suvi Sankari

Publisher: Routledge

ISBN: 9781317024491

Category: Law

Page: 298

View: 918

This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.
Categories: Law

Recent Trends in German and European Constitutional Law

Recent Trends in German and European Constitutional Law

Two reports, by Armin von Bogdandy and Ralph Alexander Lorz, analyse new
trends in European Constitutional Law. ... Thilo Marauhn analyses characteristics
of international administration in crisis areas from a German perspective with ...

Author: Eibe H. Riedel

Publisher: Springer Science & Business Media

ISBN: 3540377204

Category: Law

Page: 289

View: 826

This volume contains the German National Reports on Public Law presented at the XVIIth Congress of the International Academy of Comparative Law, Utrecht 2006. The articles provide an overview over recent developments and new issues in both European Constitutional and German Public Law from a German perspective and offer an in-depth analysis of the legal issues discussed. The book offers scholars as well as practitioners a sound basis for studies on a wide range of current and interesting issues in the field of comparative law.
Categories: Law