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Author: Vestert Borger
Publisher:
ISBN: 9781108864633
Category : Euro
Languages : en
Pages :
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Book Description
"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: Vestert Borger
Publisher:
ISBN: 9781108864633
Category : Euro
Languages : en
Pages :
Get Book Here
Book Description
"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
ISBN: 1316885658
Category : Law
Languages : en
Pages : 356
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Book Description
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
ISBN: 0190088591
Category : Law
Languages : en
Pages : 425
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Book Description
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
ISBN: 1800371594
Category : Law
Languages : en
Pages : 272
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Book Description
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
ISBN: 9781108729208
Category : Law
Languages : en
Pages : 342
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Book Description
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
ISBN: 1107147832
Category : Business & Economics
Languages : en
Pages : 259
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Book Description
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
ISBN: 0521504902
Category : Law
Languages : en
Pages : 539
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Book Description
This textbook on European constitutional law offers a coherent and scholarly analysis presented within a clear structure.
Author: Sergio Carrera
Publisher: Edward Elgar Publishing
ISBN: 1788972481
Category : Asylum, Right of
Languages : en
Pages : 337
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Book Description
This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.
Author: Michael A. Wilkinson
Publisher: Oxford University Press
ISBN: 0198854757
Category : Law
Languages : en
Pages : 353
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Book Description
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: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522
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Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
