The Euro-crisis and the courts : Judicial review and the political process in comparative perspective
01 Jan 2014-Berkeley Journal of International Law (University of California, Berkeley, School of Law)-Vol. 32, Iss: 1, pp 64
TL;DR: In this paper, the authors provide a comprehensive analysis of decisions by high courts in Estonia, France, Germany, Ireland, Portugal and the EU with the aim to discuss the role of the judiciary in fiscal affairs.
Abstract: The Euro-crisis and the legal responses to it have profoundly changed the constitutional architecture of the Economic and Monetary Union (EMU) leading to the introduction of tighter budgetary rules, new mechanisms of financial stabilization and a comprehensive framework of economic adjustment for states in fiscal troubles. Yet, during the last years, the legal measures enacted by the European Union (EU) and the member states to respond to the crisis have increasingly fell prey to the scrutiny of courts, both at the national and supranational level. This paper provides a first comprehensive analysis of decisions by high courts in Estonia, France, Germany, Ireland, Portugal and the EU with the aim to discuss the role of the judiciary in fiscal affairs. The paper identifies a trend of increasing judicial involvement in EMU and explains it in light of the intergovernmental approach followed to respond to the Euro-crisis. As the paper argues, the choice of an intergovernmental management of the crisis, with frequent resort to international agreements outside the framework of EU law, has paradoxically produced greater judicialization than what would have occurred had the member states acted within the EU legal order. As the paper suggests, though, constitutional arguments related to expertise, voice and rights still plead in favor of letting the political branches take the lead in fiscal affairs. Hence, the paper concludes by indicating that future reforms of the EMU should be carried out through EU legislation – which is more legitimate in democratic terms (because of the political guarantees that surround law-making in the EU) and more secure in judicial terms (because of the more limited space for judicial overreach). Yet, the paper also underlines how the EU political process needs urgently to be reformed in order to improve its legitimacy and democracy.
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TL;DR: The role of the Court of Justice and the position of national judges in the European Union has been discussed in this paper, where the authors discuss the role of government in the area of economic governance.
Abstract: Economic and financial crisis – Institutional response and constitutional changes in the area of economic governance – Relationship between the European Union and the member states – Interpretation – Two concepts elaborated by Michel Foucault – ‘Pastorship’ and ‘Discipline’ – The deep sense of the new techniques of government in this area – The role of the Court of Justice – The position of national judges.
01 Jan 2019
TL;DR: The Latvian constitutional system is based on the principle of State continuity after the Soviet occupation, and this is reflected in the reinstatement of the 1922 Constitution (Satversme) as discussed by the authors.
Abstract: The Latvian constitutional system is based on the principle of State continuity after the Soviet occupation, and this is reflected in the reinstatement of the 1922 Constitution (Satversme). Unlike other constitutions in the post-communist area, it is characterised as a laconic and predominantly procedural constitution. However, important amendments were introduced in 1996 and 1998, establishing the Constitutional Court and introducing a catalogue of fundamental rights. The constitutional culture has been influenced by German traditions in constitutional jurisprudence, and the adjudication of legislation on substantive grounds has been stringent. This is particularly evident in the annulment of about 40% of measures reviewed in the context of the economic crisis (2009–2011). Of particular interest is the constitutional adjudication of the IMF-mandated drastic austerity measures, including a law that envisaged a notable 70% cut in the payments to pensioners. The Constitutional Court stood out by virtue of strong protection of fundamental rights and the principle of legitimate expectations, with similarities to the approach subsequently taken by the Portuguese Constitutional Court. Additionally, the Constitutional Court underlined that taking international loans is an important matter of public life which must be decided by the legislator, and that the government cannot restrict fundamental rights by assuming international obligations. However, measures such as the European Arrest Warrant or Data Retention Directive have not been subject to a constitutional debate. The Constitution contains a range of EU amendments.
01 Jan 2017
TL;DR: In this article, a new EU policy framework for crisis management, including policy instruments in pursuit of: (a) crisis prevention; (b) crisis control and mitigation; and (c) crisis resolution, is presented.
Abstract: Tackling the consequences of the financial crisis has become, since 2010, the most important item on the agenda of the European Union (EU) institutions, and the result of the relevant proceedings was the establishment of a new EU policy framework for crisis management, including policy instruments in pursuit of: (a) crisis prevention; (b) crisis control and mitigation; and (c) crisis resolution (see European Commission, Economic crisis in Europe: causes, consequences and responses, European Economy 7/2009). This was a dual purpose approach: overcoming the specific crisis through a European Economic Recovery Plan (see European Commission, From financial crisis to recovery: a European framework for action. COM, 706 final, 29.10.2008; European Commission, A European economic recovery plan. COM, 800 final, 26.11.2008) and creating a scheme for avoiding or providing responses to similar crises in the future.