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Author: Etienne de Lhoneux
Publisher: Springer Science & Business Media
ISBN: 3319014781
Category : Law
Languages : en
Pages : 74
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Book Description
This book provides an analysis of the judgment of the Court of Justice of the European Union in the Pringle case. It focuses on the three main aspects of the ruling. First, it examines the part of the judgment concerning the validity of the European Council Decision 2011/199 - adopted under the simplified revision procedure (Article 48(6) TEU) - which provides for the possibility to establish a financial stability mechanism. Second, it evaluates the new rules developed by the Court in order to interpret agreements concluded exclusively by the member states, such as the ESM Treaty. Third, it assesses the Court’s interpretation of the main provisions of the so-called economic pillar of the Economic and Monetary Union and the fundamental rules provided for by the Treaties (nature of competence, financial assistance, institutional balance, judicial review charter of fundamental rights etc.) with regard to the ESM treaty provisions.
Author: Etienne de Lhoneux
Publisher: Springer Science & Business Media
ISBN: 3319014781
Category : Law
Languages : en
Pages : 74
Get Book
Book Description
This book provides an analysis of the judgment of the Court of Justice of the European Union in the Pringle case. It focuses on the three main aspects of the ruling. First, it examines the part of the judgment concerning the validity of the European Council Decision 2011/199 - adopted under the simplified revision procedure (Article 48(6) TEU) - which provides for the possibility to establish a financial stability mechanism. Second, it evaluates the new rules developed by the Court in order to interpret agreements concluded exclusively by the member states, such as the ESM Treaty. Third, it assesses the Court’s interpretation of the main provisions of the so-called economic pillar of the Economic and Monetary Union and the fundamental rules provided for by the Treaties (nature of competence, financial assistance, institutional balance, judicial review charter of fundamental rights etc.) with regard to the ESM treaty provisions.
Author: Etienne de Lhoneux
Publisher:
ISBN: 9783319014791
Category :
Languages : en
Pages : 84
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Book Description
Author:
Publisher:
ISBN: 9789295085336
Category :
Languages : en
Pages : 419
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Book Description
This book tells the inside story of those who played key roles in setting up the organisations and combatting the crisis. In exclusive interviews, global financial leaders and ESM insiders provide a rich stock of perspectives and anecdotes that bring to life the urgency of the crisis as well as the innovative solutions found to resolve it. The European Stability Mechanism and its temporary predecessor the EFSF provided billions of euros in loans to five hard-hit euro area countries during the European financial and sovereign debt crisis of the early 2000s, helping to safeguard the stability of those countries and the euro area as a whole. Initially, the crisis-torn euro area was ill-equipped institutionally, but the rapid establishment of the firewalls, the assistance programmes, deep‐seated country reforms, the strengthening of European institutions, and extraordinary European Central Bank measures shielded Europe from a euro area break-up. With the EFSF/ESM set-up, its managers aspired to create a new, more entrepreneurial international financial institution, one that is agile enough to respond quickly to new challenges, while still ensuring the strict governance befitting an organisation pursuing a public mission. The euro area has emerged from near disaster in more robust shape. As Europe strives to further strengthen its architecture in preparation for any possible future crises, it is important to reflect upon how the euro area reinvigorated its fortunes and draw the relevant lessons for future crisis management in Europe and beyond.
Author: Luigi Daniele
Publisher: Springer
ISBN: 3319538950
Category : Law
Languages : en
Pages : 409
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Book Description
The book covers some of the major issues concerning the problematic relationship between respect for democratic principles and the new European Economic Governance. Innovative approaches are highlighted throughout the book: new frameworks and arrangements are proposed on the basis of efficiency analyses, as well as their institutional and legal suitability. Though the perspective adopted is essentially a legal one, the economic and policy background are also given due consideration.The papers presented here offer a balanced mix of empirical (including comparative) and theoretical analysis; several also combine the two approaches, carrying out empirical analyses, then setting the results against theoretical options. Given the relative dearth of literature on democratic principles and the EMU, let alone a comprehensive enquiry, the book marks a valuable new contribution.
Author: Anna Peychev
Publisher:
ISBN: 9782930632643
Category :
Languages : en
Pages : 0
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Book Description
On 27 January 2021 the member governments of the European Stability Mechanism (ESM) signed the Agreement Amending the ESM Treaty, instituting long-awaited reforms to the EU's crisis management and financial-aid mechanism. The ESM was never perfect. Set up outside the EU treaty framework, it suffered from acute accountability and legitimacy issues and, being directly controlled by eurozone governments, its procedures were subject to cumbersome voting arrangements and conflicts of interest. Finally, with its inception in the throes of the eurozone crisis, it was committed to a single rigid approach based on conditionality. The European Commission's attempt to address these shortcomings in December 2017 was categorically rejected by the member states, who instead embarked on a separate reform initiative resulting in the current ESM Reform Treaty. This turn of events has been in part motivated by troubling levels of distrust between EU institutions and member states, and--as a result--between EU institutions and the ESM. The other driving force has been the political refusal to let go of the Maastricht promise of national fiscal sovereignty without shared liabilities. Thus, the ESM Reform Treaty is the culmination of a political campaign to redeem the economic compromise at the core of the Economic and Monetary Union and create an alternative arrangement for member states to avoid surrendering further competences to the EU. This paper finds that the ESM Reform Treaty not only fails to address the outstanding issues in the original ESM framework, but exacerbates the status quo by further empowering the Mechanism outside the legal framework of the EU treaties. The ESM's 'peacetime powers' represent a consequential novelty in this regard. These 'powers' are in fact the ESM's own analytical capabilities, which have been extended beyond its financial-aid function and are now applicable within the bounds of the European Semester for economic governance. Perhaps worst of all, the ESM remains an extremely limited instrument, legally designed to imagine the single scenario of a sovereign debt crisis which requires disciplinary conditionality in exchange for financial aid. It would be careless to insist on this approach for resolving the multitude of difficulties which might befall the eurozone in the future. Future reforms are not just advisable, they are a functional necessity. It will become increasingly difficult for the ESM to exercise its new powers or provide suitable crisis management without the efficiency and legitimacy which these adjustments could confer. A compromise solution could see the ESM become its own independent technocratic institution, equally removed from the political influence of governments and the reach of the Commission. Introducing flexibility in its strict conditionality could be a matter of reinterpreting the meaning of 'sound budgetary policy' from the Court of Justice of the European Union's ruling in Pringle. Lastly, in matters of justiciability and the protection of fundamental rights, nothing prevents ESM governments from committing the activities of the Mechanism to the European Charter on Fundamental Rights or the authority of the European courts, should they wish to do so. Whatever decisions may be taken on the future of the ESM, they cannot ignore the unfolding of the EU's fiscal response to the pandemic with Next Generation EU. Should the facility remain an exception, there would be even more pressure on the ESM to undergo another round of far-reaching reforms. However, should Next Generation EU prove a positive exercise, the EU should look to capitalise on the newfound trust by consolidating its economic and crisis governance capacities under a single flag--a certain blue one with 12 gold stars.
Author: Mark Dawson
Publisher: Oxford University Press
ISBN: 019106713X
Category : Political Science
Languages : en
Pages : 300
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Book Description
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: Julio Baquero Cruz
Publisher: Oxford University Press
ISBN: 0192566377
Category : Law
Languages : en
Pages : 210
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Book Description
Born from the ashes of the Second World War as one of the most ambitious and successful parts of the plan for the reconstruction of Western Europe, European integration has been immersed in a deep economic and institutional crisis for more than a decade. This difficult situation is also threatening to erode one of its most original and valuable elements: the establishment of a supranational rule of law among the Member States of the European Union that provides a solid framework for their peaceful, ordered, and fair relations. This book, which is based on the general course given at the Academy of European Law in Florence in July 2015, puts the innovative initial choices made by the drafters of the Treaties and by the Court of Justice of the Union in their proper historical perspective, understanding Union law as a tool of civilisation. Its current decline is explained as a consequence of the waning of the initial impetus behind integration, of the growing complexity and challenges of the Union system, and of the ambivalent attitude of the Member States regarding their common creation. These themes are explored focusing on a number of fundamental structural issues: the principle of primacy, the national limits to it and the theory of constitutional pluralism; the state of health of the preliminary rulings procedure; Union citizenship, equality and human dignity; the scope of the Charter of Fundamental Rights and the standard of protection of those rights; and the rigidity and fragmentation of the Union system in connection with the increasing use of international law as a softer alternative to Union law. In all these areas, the book presents a fascinating story of decay and resistance, a story that is unfolding at present, and whose fate is closely linked to the future political shape of Europe.
Author:
Publisher: BRILL
ISBN: 9004441034
Category : Law
Languages : en
Pages : 342
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Book Description
The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.
Author: Diamond Ashiagbor
Publisher: Cambridge University Press
ISBN: 1107017572
Category : Law
Languages : en
Pages : 345
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Book Description
Analysis of some of the most controversial aspects of the European Union's Lisbon Treaty.
Author: Pascal Fontaine
Publisher:
ISBN: 9789279715624
Category :
Languages : en
Pages : 106
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Book Description
What purpose does the EU serve? Why and how was it set up? How does it work? What has it already achieved for its citizens, and what new challenges does it face today? In a globalised world, can the EU compete successfully with other major economies while maintaining its social standards? How can immigration be managed? What will Europe’s role be on the world stage in the years ahead? Where will the EU’s boundaries be drawn? And what future is there for the euro? These are just some of the questions explored by EU expert Pascal Fontaine in this 2017 edition of his popular booklet Europe in 12 lessons. Pascal Fontaine is a former assistant to Jean Monnet and former professor at the Institut d’Études Politiques, Paris.
