[PDF] The European Economic Constitution And Its Transformation Through The Financial Crisis eBook

Author : Christian Joerges
Publisher :
Page : 26 pages
File Size : 19,24 MB
Release : 2015
Category :
ISBN :

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The idea of an “economic constitution” was developed by a group of German economists and lawyers in the Weimar Republic which sought a “third way” - the “ordo-liberal way” - between laissez-faire liberalism and socialist politics. Ordo-liberalism survived the Third Reich untainted. In the 1950s, Ordo-liberalism was complemented by the concept of the social market economy. In the formative phase of the EEC, ordo-liberal scholars started to promote the ensemble of European economic freedoms and a system of undistorted competition as the constitutional core of the European integration project. The Economic and Monetary Union, as accomplished by the Maastricht Treaty, was expected to complete this project. However, the entire edifice soon proved to be much more vulnerable than its advocates had promised. Following the financial and the sovereign debt crises, EMU with its commitments to price stability and monetary politics is perceived as a failed construction precisely because of its reliance on inflexible rules. European crisis management seeks to compensate for these failures by means of regulatory machinery which disregards the European order of competences, disempowers national institutions, burdens, in particular, Southern Europe with austerity measures; it establishes pan-European commitments to budgetary discipline and macroeconomic balancing. The ideal of a legal ordering of the European economy is thus abolished while the economic and social prospects of these efforts seem gloomy and the Union's political legitimacy becomes precarious.

Author : Herwig C.H. Hofmann
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 47,77 MB
Release : 2019
Category : Law
ISBN : 1788978307

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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}

Author : Herwig C.H. Hofmann
Publisher :
Page : 21 pages
File Size : 27,83 MB
Release : 2015
Category :
ISBN :

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The current times of constitutional transformation in the EU place the following question on the agenda: Is the ongoing economic crisis demarcating the end of the original conception of a 'European Economic Constitution' as it has developed since the early days of the EEC? Or are we witnessing simply a shift towards a new more encompassing model of an EU 'Economic Constitution' in which economic government and economic governance tools are used in parallel to deepen integration and continue the spill-over of economic integration into previously national policies? This contribution traces and evaluates conceptual, regulatory, institutional and legitimacy-related changes and challenges to the EU's model of the 'Economic Constitution' as the basic EU legal framework governing economic policy. This chapter argues that the EU's constitutional framework in the form of the existing Treaties and General Principles of EU law did not provide an adequate legal framework to cope with the ongoing crisis. This failure has, in our view, initiated an ongoing transformation of the EU's 'Economic Constitution' as we know it. Laying the foundations for the transformation took place in several consecutive steps mostly on the intergovernmental level and often as a combination of EU law, public international law and in some cases mixed with private law instruments. The nature of this evolution creates challenges with regard to ensuring compliance of these newly developed structures with the Union's foundational principles of ensuring transparency, democratic legitimacy, fundamental rights and effective review mechanisms in the context of a system under the rule of law. In order to illustrate the modes of the continuous transformation of the 'Economic Constitution' and to evaluate the direction it is taking, this chapter will start with tracing its origins and follow its evolution over time. It thereby distinguishes two separate but interlinked elements of the 'Economic Constitution.' It first looks at the original focus of European regulation regarding what we refer to as 'micro-economic' matters with policies including competition law and the control of state aids. This chapter then turns to the evolving focus of EU law the larger questions of economic and fiscal policies which we refer to in the following as the 'macro-economic' element of the constitutional framework.

Author : Mark Dawson
Publisher : Oxford University Press
Page : 286 pages
File Size : 38,7 MB
Release : 2015-12-10
Category : Political Science
ISBN : 019106713X

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In the wake of the euro crisis, the European Union has been transformed in many ways. Is it now on the right track? The euro crisis, the steps taken to manage it, and the resulting transformations have triggered a necessary process of reconsidering economic governance in the European Union. This volume— the third in a series of annual editions tackling different aspects of governance— examines the long list of open political, legal, and economic questions related to the functioning and fundamental structure of the Union as a whole and the economic and monetary union in particular. Organised in three main sections, the contributions to this collection bring the perspectives of different academic disciplines to bear on the functional aspects of economic governance, the institutional transformations that have taken place, and their implications for the Union's legitimacy. A separate chapter looks at inequalities in perceptions of economic conditions and well-being within the European Union to identify trends particularly during the eurozone crisis. In doing so, the chapters in this volume take stock of the current situation, shed light on the dilemmas and challenges that must be recognised and addressed, and explore various options for the way ahead. The collection's ultimate goal is to assess whether the recent transformations lead EU governance in the right direction or require further adjustment.

Author : Clemens Kaupa
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 18,83 MB
Release : 2016-08-25
Category : Law
ISBN : 1509901086

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This monograph intervenes in the long-standing and controversial debate on the socio-economic orientation of the European Union. Arguing that the European economic constitution is pluralist in the sense that it does not favour any specific socio-economic paradigm, it shows that European law allows the pursuit of very different regulatory projects by the European and the national legislators. This pluralist character of the European economic constitution stands in an uncomfortable relationship with the policies currently pursued by the European Union, which are often neoliberal in their orientation. The book takes an interdisciplinary approach: it analyses the Treaty on the Functioning of the European Union as interpreted and developed in the case law of the Court of Justice, its history, and its regulatory purpose in the light of conflicting socio-economic paradigms. By challenging the orthodoxy, the book makes a bold proposition that will likely resonate in both European economic law scholarship and European law in general. With the ongoing economic crisis triggering a significant interest in economic questions among legal scholars it is particularly timely and topical.

Author : Kaarlo Tuori
Publisher :
Page : 57 pages
File Size : 25,72 MB
Release : 2012
Category : European Union
ISBN :

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With its provisions on the EMU, the Maastricht Treaty introduced a new, 'macroeconomic' layer into the European economic constitution. The Maastricht layer of the European economic constitution was based on the following principles: exclusive competence of the EU in monetary policy in the euro area; price stability as the primary objective of Europeanized monetary policy; independence of the ECB and national central banks; Member State sovereignty in fiscal and economic policy with the Union accomplishing a mere coordinating task; Member State fiscal liability as the reverse of their fiscal sovereignty; and primacy of price stability pursued by Europeanized monetary policy over national fiscal-policy objectives. The ongoing euro-area crisis is a constitutional crisis, too. The European responses to the crisis include, on the one hand, emergency measures and stability mechanisms, and, on the other hand, strengthening European economic governance. As a consequence of these responses, the central Maastricht principles of the European economic constitution are teetering. However, the present constitutional crisis should not merely be conceived in economic terms. It extends to the political and social dimensions; it also affects democracy and transparency, as well as social values and rights.

Author : Kaarlo Tuori
Publisher :
Page : 0 pages
File Size : 27,1 MB
Release : 2012
Category : Financial crises
ISBN :

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With its provisions on the EMU, the Maastricht Treaty introduced a new, 'macroeconomic' layer into the European economic constitution. The Maastricht layer of the European economic constitution was based on the following principles: exclusive competence of the EU in monetary policy in the euro area; price stability as the primary objective of Europeanized monetary policy; independence of the ECB and national central banks; Member State sovereignty in fiscal and economic policy with the Union accomplishing a mere coordinating task; Member State fiscal liability as the reverse of their fiscal sovereignty; and primacy of price stability pursued by Europeanized monetary policy over national fiscal-policy objectives. The ongoing euro-area crisis is a constitutional crisis, too. The European responses to the crisis include, on the one hand, emergency measures and stability mechanisms, and, on the other hand, strengthening European economic governance. As a consequence of these responses, the central Maastricht principles of the European economic constitution are teetering. However, the present constitutional crisis should not merely be conceived in economic terms. It extends to the political and social dimensions; it also affects democracy and transparency, as well as social values and rights.

Author : Dagmar Schiek
Publisher : Routledge
Page : 224 pages
File Size : 22,83 MB
Release : 2016-02-11
Category : Law
ISBN : 1317033434

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This book addresses the viability of the EU economic and social model within and after the global economic crisis. It identifies four key issues which warrant further discussion: (1) the asymmetry of the legal and policy framework of the euro and potential recalibration; (2) substantive tensions between the EU ’economic constitution’ and its normative aim of social justice and impacts on national policy; (3) the role of civil society, including the two sides of industry in overcoming these tensions; and (4) the EU’s global aspirations towards the creation of a viable socio-economic model. Its chapters offer two perspectives on each of the four main issues. In drawing these debates together, the book provides a broad understanding as well as starting points for future research. Bringing together different disciplinary approaches, ranging from legal studies to political economy, sociology and macroeconomics, it is a valuable contribution to the debate on the European social model and introduces new insights by focusing on legal and political tensions, the impact of the financial crisis and other economic contexts as well as global dimensions.