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Alberto de Gregorio Merino

Bio: Alberto de Gregorio Merino is an academic researcher. The author has contributed to research in topics: Sovereignty & Economic and monetary union. The author has an hindex of 2, co-authored 2 publications receiving 61 citations.

Papers
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Journal Article
TL;DR: In this paper, the authors focus on the mechanisms of assistance, most of which have been agreed intergovernmentally outside the EU Treaties, describing them and examining their most significant legal implications.
Abstract: The Union and its Member States have given a double response to the sovereign debt crisis: the creation of mechanisms of assistance and the strengthening of economic governance. Both responses have contributed to substantially redesign the architecture of the economic and monetary union. This article focuses on the mechanisms of assistance - most of which have been agreed intergovernmentally outside the EU Treaties -, describing them and examining their most significant legal implications. These are their compatibility with the no bail-out clause, the limited revision of the Treaties to include new Article 136(3) TFEU, the use of Article 122(2) TFEU as the only legal basis under the Treaties to provide financial assistance, the relationship between the intergovernmental mechanisms of assistance and the law of the Union and the judgment of 7 September 2011 of the German Constitutional Court on the compatibility of mechanisms of assistance with the German Constitution. Mechanisms of assistance are presented as part of an unavoidable process of further integration of the Member States that share a common good, the euro, a process that might lead to fundamental changes in the EU Treaties, including the creation of a European Treasury, that would go hand by hand with a fiscal federation where budgetary sovereignty of euro area Member States would yield to supranational control.

58 citations


Cited by
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Book
01 Jan 2020
TL;DR: The case for decisive and coordinated fiscal stimulus is overwhelming as mentioned in this paper, leading economists from around the world are calling for swift policy action to mitigate the economic damage from the global pandemic.
Abstract: "Leading economists from around the world are calling for swift policy action to mitigate the economic damage from the global pandemic. In this second eBook on the coronavirus from CEPR and Vox, the experts are unanimous that the case for decisive and coordinated fiscal stimulus is overwhelming."

275 citations

Journal ArticleDOI
TL;DR: In this paper, legal studies find that a number of emergency measures were taken on an extra-legal basis and through quasi-autocratic procedures in the EU's legal order, and they interpret this practice as a form of transnational state of exception which transitions into permanent traits of authoritarianism.
Abstract: Political science analyses of the governance of the euro crisis largely build on conventional theories of European integration to account for the extent to which institutional developments either reflect supranationalism, inter-governmentalism or historical path-dependencies. This analytical focus captures the usual integration dynamics and institutional design outcomes, but overlooks the constitutional dimension of how the crisis affects the EU's legal order. In this agenda-setting article, I draw attention to legal scholarship that highlights important deviations from the EU's ‘legal normalcy’. Legal studies find that a number of emergency measures were taken on an extra-legal basis and through quasi-autocratic procedures. Normative reconstructions interpret this practice as a form of transnational state of exception which transitions into permanent traits of authoritarianism in the EU's legal order. I argue that their findings offer a new terrain for political science research which transcends the explanatory categories of integration theory.

55 citations

Journal ArticleDOI
TL;DR: The concept of solidarity in the euro area has been studied in this article, where the authors propose a transition from negative to positive solidarity as a legal concept in the European Stability Mechanism and European Financial Stabilisation Mechanism.
Abstract: Concept of solidarity – Factual vs. normative solidarity – Development of solidarity in the euro area – Transition from negative to positive solidarity – Solidarity as a legal concept – European Stability Mechanism – European Financial Stabilisation Mechanism – European Financial Stability Facility – Pringle judgement of the Court of Justice of the European Union – ECB bond-buying programmes

47 citations

Journal ArticleDOI
TL;DR: The Euro crisis reforms as major example of interstitial institutional change in the EU as mentioned in this paper, and forms of institutional change : unusual sources of law, new tasks for the EU institutions, new organs, competence creep, institutional hybrids, and more differentiated integration.
Abstract: Euro crisis reforms as major example of interstitial institutional change in the EU - Forms of institutional change : unusual sources of law, new tasks for the EU institutions, new organs, competence creep, institutional hybrids, and more differentiated integration - Question whether some or all of this amounts to a ‘constitutional mutation’ of the EU legal order - Reasons to doubt whether the constitutional fundamentals have changed - Alternative thesis: increased institutional variation, deepening the differences between EMU law and the rest of EU law.

39 citations