Constitutional Law and the EU Balanced Budget Principle

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Author :
Publisher : Routledge
ISBN 13 : 1351723510
Total Pages : 233 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Constitutional Law and the EU Balanced Budget Principle by : Elena-Simina Tănăsescu

Download or read book Constitutional Law and the EU Balanced Budget Principle written by Elena-Simina Tănăsescu and published by Routledge. This book was released on 2021-11-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Constitutionalization of European Budgetary Constraints

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782254188
Total Pages : 430 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Constitutionalization of European Budgetary Constraints by : Maurice Adams

Download or read book The Constitutionalization of European Budgetary Constraints written by Maurice Adams and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recently enacted Treaty on the Stability, Coordination and Governance of the Economic and Monetary Union (generally referred to as the Fiscal Compact) has introduced a 'golden rule', which is a detailed obligation that government budgets be balanced. Moreover, it required the 25 members of the EU which signed the Treaty in March 2012, to incorporate this 'golden rule' within their national Constitutions. This requirement represents a major and unprecedented development, raising formidable challenges to the nature and legitimacy of national Constitutions as well as to the future of the European integration project. This book analyses the new constitutional architecture of the European Economic and Monetary Union (EMU), examines in a comparative perspective the constitutionalization of budgetary rules in the legal systems of the Member States, and discusses the implications of these constitutional changes for the future of democracy and integration in the EU. By combining insights from law and economics, comparative institutional analysis and legal theory, the book offers a comprehensive survey of the constitutional incorporation of new fiscal and budgetary rules across Europe and a systematic normative discussion of the legitimacy issues at play. It thus contributes to a better understanding of the Euro-crisis, of the future of the EU, and the reforms needed towards a deeper and genuine EMU.

Constitutional Change through Euro-Crisis Law

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Publisher : Cambridge University Press
ISBN 13 : 1107184495
Total Pages : 356 pages
Book Rating : 4.1/5 (71 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: A multilevel and comparative constitutional analysis of the impact of Euro-crisis law on the EU Constitution and its Member States.

Features and Challenges of the EU Budget

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971922
Total Pages : 240 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Features and Challenges of the EU Budget by : Luca Zamparini

Download or read book Features and Challenges of the EU Budget written by Luca Zamparini and published by Edward Elgar Publishing. This book was released on 2019 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the inception of the European Economic Community, the EU budget has been one of the most contested and important issues. The evolution of its structure and composition has also reflected the overall development of the EU. From a multidisciplinary approach, this book examines the current features and challenges of the EU budget. It provides historical, political, legal, and economic analyses, alongside a discussion of its future development. The book will prove timely and relevant for scholars, practitioners and policy makers alike.

Fiscal Rules—Anchoring Expectations for Sustainable Public Finances

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Author :
Publisher : International Monetary Fund
ISBN 13 : 1498335160
Total Pages : 73 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis Fiscal Rules—Anchoring Expectations for Sustainable Public Finances by : International Monetary Fund. Fiscal Affairs Dept.

Download or read book Fiscal Rules—Anchoring Expectations for Sustainable Public Finances written by International Monetary Fund. Fiscal Affairs Dept. and published by International Monetary Fund. This book was released on 2009-12-11 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sharp increase in fiscal deficits and public debt in most advanced and several developing economies has raised concerns about the sustainability of public finances and highlighted the need for a significant adjustment over the medium term. This paper assesses the usefulness of fiscal rules in supporting fiscal consolidation, discusses the design and implementation of rules based on a new data base spanning the whole Fund membership, and explores the fiscal framework that could be adopted as countries emerge from the crisis.

Constitutions in Times of Financial Crisis

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Publisher : Cambridge University Press
ISBN 13 : 9781108729208
Total Pages : 342 pages
Book Rating : 4.7/5 (292 download)

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Book Synopsis Constitutions in Times of Financial Crisis by : Tom Ginsburg

Download or read book Constitutions in Times of Financial Crisis written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2022-06-30 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Implementing International Disability Law in the European Union

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Publisher : Taylor & Francis
ISBN 13 : 1040043070
Total Pages : 158 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Implementing International Disability Law in the European Union by : Ottavio Quirico

Download or read book Implementing International Disability Law in the European Union written by Ottavio Quirico and published by Taylor & Francis. This book was released on 2024-06-28 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the implementation of disability rights and duties in the European Union, aiming to understand its functioning and explore ways forward through a critical analysis of the Convention on the Rights of Persons with Disabilities (CRPD) within the context of international regulation. Along the lines of the integration of fundamental rights within the common market, the EU has indeed progressively adopted meaningful regulation to advance disability rights, which are now essentially shaped by the CRPD. The research considers the interaction between law and policy at the international, EU and Member States’ level, focusing on three essential elements, including the sources of disability law, institutional mechanisms and substantive regulation. Grounded in the distinction between primary rules on law-making and secondary norms on enforcement, the analysis unfolds against the background of the ‘twin’ transitions on sustainability and digitalisation and encompasses the Council of Europe system, particularly in the light of the foreseeable accession of the EU to the European Convention on Human Rights. Arguably, following the progressive development it has facilitated in other regulatory areas, the Court of Justice of the European Union can provide a decisive contribution to advancing inclusiveness for people with disabilities in the Union. The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in EU and international disability law and politics.

Constitutional Law in Italy

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403507152
Total Pages : 726 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Constitutional Law in Italy by : Valerio Onida

Download or read book Constitutional Law in Italy written by Valerio Onida and published by Kluwer Law International B.V.. This book was released on 2019-05-15 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Italy provides essential information on the country’s sources of constitutional law, its form of government, and the framework of fundamental rights and guarantees established by the Constitution. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the powers concerning the armed forces, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Italy will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

The European Union as a Normative Power

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Publisher : Taylor & Francis
ISBN 13 : 1003837743
Total Pages : 207 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis The European Union as a Normative Power by : Yuval Reinfeld

Download or read book The European Union as a Normative Power written by Yuval Reinfeld and published by Taylor & Francis. This book was released on 2024-04-17 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the role of the CJEU in shaping the European Union as a Normative power, this book explores the influence of the Court of Justice of the European Union on Normative Power Europe to evaluate the extent to which the CJEU’s actions consolidate normative foreign policy in third states. Combining perspectives from international relations and law, it explores the EU’s normative impact in the international arena, offering a multidimensional view which characterizes the power of the EU as a normative power while examining its role as a regulatory power alongside a historical review of the legal doctrinal development of the CJEU. Distilling the EU's uniqueness in the international arena and emphasizing that its fundamental strength lies in the technical normative power approach, the book argues that the genuine EU impact is emphasized in unique sectoral niches noting the EU’s dominance in terms of agriculture, environmental protection, privacy, and data protection or tech policies- a classic technical normative power that combines a legal basis and a value base. The book analyses several case studies which present the triangular relations between CJEU rulings, EU institutions, and third countries to identify both direct and indirect signs of a genuine normative effect. Taking an interdisciplinary approach, this book will be of interest to academics and students researching aspects of European law, international law, or international relations.

Delegation of Powers in the EU Legal System

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Publisher : Routledge
ISBN 13 : 1000563464
Total Pages : 327 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Delegation of Powers in the EU Legal System by : Annalisa Volpato

Download or read book Delegation of Powers in the EU Legal System written by Annalisa Volpato and published by Routledge. This book was released on 2022-03-29 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified. It focuses on the legal requirements and limits for the delegating act, the procedures for the exercise of such powers, the position of the acts in the hierarchy of norms, and their judicial review. Overcoming the fragmentation which characterized the development of the different forms of delegation in the EU, this analysis provides a clear, structured, and coherent picture of the legal framework for the delegation of powers in the light of the constitutional principles of this legal system. Academics and practitioners will equally appreciate this highly accessible addition to the current debate in legal scholarship of the delegation of powers in the EU, as well as its explanations on comitology and the empowerment of EU agencies.

Instruments of Public Law

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Publisher : Taylor & Francis
ISBN 13 : 1000778991
Total Pages : 276 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Instruments of Public Law by : Irena Lipowicz

Download or read book Instruments of Public Law written by Irena Lipowicz and published by Taylor & Francis. This book was released on 2022-11-28 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Covid 19 pandemic has revealed the need to verify the existing principles of functioning of public authorities, in relation to various decision-making processes, both at the conceptual level and at law implementation. The action of the legislator and public administration towards the society and the economy is conducted using peculiar instruments to control the public administration system. These instruments are likely to be of a public or private law nature. This book takes a comparative approach to examine the issues related to digital transformation in the times of a pandemic regarding the use of public-law instruments in Poland and the wider European context. In particular, the research aims to identify what stage the development of digital solutions in the state's organization and its authorities has reached, including the organization of public administration; what the has pandemic changed. Exploring the concepts of digital transformation, pandemic and public-law instruments, it provides an analysis of European and national public-law instruments using digital solutions, security and cybersecurity during a pandemic, and concrete issues such as public administration, health protection and social security, economic activity and the system of public finances, and education during the pandemic is performed. Establishing whether particular solutions are durable and to what extent they create a certain standard of response to a threat, it makes recommendations for determining which of the existing solutions is useful for the functioning of the state and its organs and facilitates the performance of their tasks.

Fundamental Labour Rights and the Constitution

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Publisher : Taylor & Francis
ISBN 13 : 1000902579
Total Pages : 150 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Fundamental Labour Rights and the Constitution by : Giulia Frosecchi

Download or read book Fundamental Labour Rights and the Constitution written by Giulia Frosecchi and published by Taylor & Francis. This book was released on 2023-07-05 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.

EMU Integration and Member States’ Constitutions

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509935797
Total Pages : 728 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EMU Integration and Member States’ Constitutions by : Stefan Griller

Download or read book EMU Integration and Member States’ Constitutions written by Stefan Griller and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, legal scholars from the EU Member States (with the addition of the UK) analyse the development of the EU Member States' attitudes to economic, fiscal, and monetary integration since the Treaty of Maastricht. The Eurozone crisis corroborated the warnings of economists that weak economic policy coordination and loose fiscal oversight would be insufficient to stabilise the monetary union. The country studies in this book investigate the legal, and in particular the constitutional, pre-conditions for deeper fiscal and monetary integration that influenced the past and might impact on the future positions in the (now) 27 EU Member States. The individual country studies address the following issues: - Main characteristics of the national constitutional system, and constitutional culture; - Constitutional foundations of Economic and Monetary Union (EMU) membership and related instruments; - Constitutional obstacles to EMU integration; - Constitutional rules and/or practice on implementing EMU-related law; and - The resulting relationship between EMU-related law and national law Offering a comprehensive and detailed assessment of the legal and constitutional developments concerning the Economic and Monetary Union since the Treaty of Maastricht, this book provides not only a study of legal EMU-related measures and reforms at the EU level, but most importantly sheds light on their perception in the EU Member States.

The Italian Parliament in the European Union

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782258744
Total Pages : 652 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Italian Parliament in the European Union by : Nicola Lupo

Download or read book The Italian Parliament in the European Union written by Nicola Lupo and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Lisbon Treaty states that national Parliaments shall contribute to a better functioning of the EU. Can they really do it and therefore enrich the European democracy? How far can they extend their original sovereignty without distorting political responsibilities that should be geared upon the European Parliament? The authors analyze the experience of the Italian Parliament under the light of these crucial questions and their exhaustive answers are greatly helpful to the readers of all over Europe." Giuliano Amato, Judge of the Italian Constitutional Court. This important new collection explores the role of the Italian Parliament in the Euro-national parliamentary system as an example of an increased role for national parliaments within the composite European constitutional order. It illustrates how parliamentary interactions within the European Union are highly systematic, with integrated procedures and mutual interdependence between the various institutions and stakeholders. The book argues that this dynamic is vital for both the functioning and the future equilibrium of democracy in the EU. This is significant, particularly given the challenges posed to democracy within the EU institutions and the Member States. Notwithstanding its peculiarities (a symmetrical bicameral system in which both Houses are directly elected, hold the same powers and are linked through a confidence relationship with the government), the Italian Parliament deserves specific attention as a lively active player of the European polity. The grid for its analysis proposed by this collection may also be applied to other national parliaments, so contributing to the development of comparative research in this field.

The Consequences of the Crisis on European Integration and on the Member States

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Author :
Publisher : Springer
ISBN 13 : 3319479644
Total Pages : 216 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Consequences of the Crisis on European Integration and on the Member States by : Stelio Mangiameli

Download or read book The Consequences of the Crisis on European Integration and on the Member States written by Stelio Mangiameli and published by Springer. This book was released on 2017-02-23 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the economic crisis in the European Union and its consequences for European integration and the member states. Discussing the provisions introduced by the Treaty of Lisbon, from the effects of macroeconomic monitoring to the restraints produced by the Fiscal Compact, it offers an analysis of the European Union’s current situation and the effects of the measures adopted to manage the crisis, also making reference to how Europe is perceived by its citizens. Moreover, the chapters offer thoughts on the European integration process, in particular the effects that the policies adopted to tackle the crisis have had on the economic and financial sovereignty of the member states. This detailed examination of the situation of the EU between the Treaty of Lisbon and the Fiscal Compact is characterized by an original multidisciplinary approach that offers an articulate reflection on the criticalities that affect the actions of both European and national institutions.

Sovereign Debt and Socio-Economic Rights Beyond Crisis

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108494005
Total Pages : 217 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Sovereign Debt and Socio-Economic Rights Beyond Crisis by : Emma Luce Scali

Download or read book Sovereign Debt and Socio-Economic Rights Beyond Crisis written by Emma Luce Scali and published by Cambridge University Press. This book was released on 2022-02-24 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that the 'neoliberalisation' of international and EU law has been advanced in the wake of the Eurozone debt crisis.