Constitutional Change Through Euro Crisis Law

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Constitutional Change through Euro-Crisis Law

Author : Thomas Beukers
Publisher : Cambridge University Press
ISBN 13 : 1316885658
Total Pages : 356 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Constitutional Change through Euro-Crisis Law by : Thomas Beukers

Download or read book Constitutional Change through Euro-Crisis Law written by Thomas Beukers and published by Cambridge University Press. This book was released on 2017-07-06 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Currency of Solidarity

Author : Vestert Borger
Publisher : Cambridge University Press
ISBN 13 : 1108877451
Total Pages : 439 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Currency of Solidarity by : Vestert Borger

Download or read book The Currency of Solidarity written by Vestert Borger and published by Cambridge University Press. This book was released on 2020-10-08 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their fight against the debt crisis, the European Union and its member states took measures that have profoundly changed the euro. 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 it? 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's stability conception from price stability to also financial stability. Using solidarity as a lens, the book conceptualises the unity of the member states and analyses how this was preserved during the crisis. Subsequently, it explains how that changed the currency union's set-up and why the European Court of Justice could not turn against the change in Pringle and Gauweiler.

The Euro Area Crisis in Constitutional Perspective

Author : Alicia Hinarejos Parga
Publisher : Oxford Studies in European Law
ISBN 13 : 0198714955
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Euro Area Crisis in Constitutional Perspective by : Alicia Hinarejos Parga

Download or read book The Euro Area Crisis in Constitutional Perspective written by Alicia Hinarejos Parga and published by Oxford Studies in European Law. This book was released on 2015 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Euro Crisis and Constitutional Pluralism

Author : Tomi Tuominen
Publisher : Edward Elgar Publishing
ISBN 13 : 1800371594
Total Pages : 272 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis The Euro Crisis and Constitutional Pluralism by : Tomi Tuominen

Download or read book The Euro Crisis and Constitutional Pluralism written by Tomi Tuominen and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The EU and Constitutional Time

Author : Massimo Fichera
Publisher : Edward Elgar Publishing
ISBN 13 : 1789909007
Total Pages : 181 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis The EU and Constitutional Time by : Massimo Fichera

Download or read book The EU and Constitutional Time written by Massimo Fichera and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Welfare State Constitutions after the Financial Crisis

Author : Ulrich Becker
Publisher : Oxford University Press
ISBN 13 : 0192592696
Total Pages : 401 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis European Welfare State Constitutions after the Financial Crisis by : Ulrich Becker

Download or read book European Welfare State Constitutions after the Financial Crisis written by Ulrich Becker and published by Oxford University Press. This book was released on 2020-11-25 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Eurozone Crisis

Author : Kaarlo Tuori
Publisher : Cambridge University Press
ISBN 13 : 1107056551
Total Pages : 301 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Eurozone Crisis by : Kaarlo Tuori

Download or read book The Eurozone Crisis written by Kaarlo Tuori and published by Cambridge University Press. This book was released on 2014-01-09 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive overview of the Eurozone crisis from a multidimensional constitutional perspective which incorporates the underlying economic assumptions and developments.

Constitutional Crisis in the European Constitutional Area

Author : Armin von Bogdandy
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253335
Total Pages : 392 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Constitutional Crisis in the European Constitutional Area by : Armin von Bogdandy

Download or read book Constitutional Crisis in the European Constitutional Area written by Armin von Bogdandy and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Foundations of the EU as a Polity

Author : Massimo Fichera
Publisher : Edward Elgar Publishing
ISBN 13 : 1785363905
Total Pages : 224 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis The Foundations of the EU as a Polity by : Massimo Fichera

Download or read book The Foundations of the EU as a Polity written by Massimo Fichera and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fixing the Euro Within the National Constitutional Guardrails

Author : Frederik Behre
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403541261
Total Pages : 527 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Fixing the Euro Within the National Constitutional Guardrails by : Frederik Behre

Download or read book Fixing the Euro Within the National Constitutional Guardrails written by Frederik Behre and published by Kluwer Law International B.V.. This book was released on 2023-07-14 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Metamorphosis of the European Economic Constitution

Author : Herwig C.H. Hofmann
Publisher : Edward Elgar Publishing
ISBN 13 : 1788978307
Total Pages : 352 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis The Metamorphosis of the European Economic Constitution by : Herwig C.H. Hofmann

Download or read book The Metamorphosis of the European Economic Constitution written by Herwig C.H. Hofmann and published by Edward Elgar Publishing. This book was released on 2019 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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}

Polity and Crisis

Author : Massimo Fichera
Publisher : Routledge
ISBN 13 : 1317078438
Total Pages : 332 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Polity and Crisis by : Massimo Fichera

Download or read book Polity and Crisis written by Massimo Fichera and published by Routledge. This book was released on 2016-04-22 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Acceleration within the European Union and Beyond

Author : Paul Blokker
Publisher : Routledge
ISBN 13 : 1315453630
Total Pages : 240 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Constitutional Acceleration within the European Union and Beyond by : Paul Blokker

Download or read book Constitutional Acceleration within the European Union and Beyond written by Paul Blokker and published by Routledge. This book was released on 2017-10-12 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Europe's Second Constitution

Author : Markus W. Gehring
Publisher : Cambridge University Press
ISBN 13 : 1108487963
Total Pages : 439 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Europe's Second Constitution by : Markus W. Gehring

National Parliaments after the Lisbon Treaty and the Euro Crisis

Author : Jancic Davor
Publisher : Oxford University Press
ISBN 13 : 0192509349
Total Pages : 264 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis National Parliaments after the Lisbon Treaty and the Euro Crisis by : Jancic Davor

Download or read book National Parliaments after the Lisbon Treaty and the Euro Crisis written by Jancic Davor and published by Oxford University Press. This book was released on 2017-04-05 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical assessment by eminent legal and political science experts in the field, this book examines the two key factors which have deeply affected the position of national parliaments in European integrations: the entry into force of the Lisbon Treaty and the sovereign debt crisis in the Eurozone. Structured in three parts, the book will address the question, 'Do national parliaments exhibit resilience or resignation in these changed politico-legal and socio-economic circumstances in the EU?' Part I investigates the impact of the aforementioned factors against the theoretical concepts of constitutionalism and democratic legitimacy. Part II evaluates the changing nature of parliamentary functions, and Part III appraises the evolving relationships between national parliaments and national governments, national courts, and EU institutions, in addition to surveying the emerging patterns of interparliamentary cooperation. This interdisciplinary collection yields novel insights into how the deepening of the Economic and Monetary Union and the pursuance of new initiatives for parliamentary action impact the shape and nature of EU democracy.

Europe's Second Constitution

Author : Markus W. Gehring
Publisher : Cambridge University Press
ISBN 13 : 1108848982
Total Pages : 439 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Europe's Second Constitution by : Markus W. Gehring

Download or read book Europe's Second Constitution written by Markus W. Gehring and published by Cambridge University Press. This book was released on 2020-09-24 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.

European Union Constitutionalism in Crisis

Author : Nicole Scicluna
Publisher : Routledge
ISBN 13 : 1317624424
Total Pages : 180 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis European Union Constitutionalism in Crisis by : Nicole Scicluna

Download or read book European Union Constitutionalism in Crisis written by Nicole Scicluna and published by Routledge. This book was released on 2014-10-17 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several years after the first Greek bailout, the integration project of the European Union faces an interlocking set of political, economic, legal and social challenges that go to the very core of its existence. Austerity is the order of the day, and citizens in both debtor and creditor states increasingly turn to the political movements of the far left and right, anti-politics and street protests to vent their frustration. This book demonstrates the limits of constitutionalism in the EU. It explores the ‘twin crises’ - the failure of the Constitutional Treaty in 2005 and the more recent Eurozone crisis - to illuminate both the possibilities and pitfalls of the integration project. It argues that European integration overburdened law in an attempt to overcome deep-seated political deficiencies. It further contends that the EU shifted from an unsuccessful attempt at democratisation via politicisation (the Constitutional Treaty), to an unintended politicisation without democratisation (the Eurozone crisis) only a few years later. The book makes the case that this course is unsustainable and threatens the goal of European unity. This text will be of key interest to students and scholars in the fields of EU studies, EU law, democracy studies, constitutional studies and international relations.