Constitutional Change through Euro-Crisis Law: Taking Stock, New Perspectives and Looking Ahead

Beukers, Thomas; Witte, Bruno De; Kilpatrick, Claire

doi:10.1017/9781316877135.002

Cited by 3 publications

(4 citation statements)

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“…While the euro-crisis more broadly has been the object of extensive policy and scholarly analysis across a range of disciplines, the legal analysis has focused more on issues of transformation of the European economic 'constitution' or on particular high-profile constitutional encounters and issues before the Court of Justice, exemplified by the challenge to the legality of the Department of Law Working Papers ESM in Pringle 18 or the legality of the ECB's Outright Market Transactions programme in Gauweiler 19 concerning the compatibility of these mechanisms and programmes with EMU law. 20 My focus instead is less on constitutional and EMU-compatibility issues raised by euro-crisis law and more on legal issues raised by the nature of the programmes themselves and legal challenges to the conditionality contained in those programmes.…”

Section: How Liminal Legality Compares With Other Analyses Of Legalitmentioning

confidence: 99%

The EU and its Sovereign Debt Programmes: The Challenges of Liminal Legality

Kilpatrick¹

2017

Current Legal Problems

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This analysis focuses on the challenges the EU sovereign debt programmes raise for our understanding of legality in the EU by developing in particular the idea of liminal legality. Liminal legality, in the sense I develop it here, concerns legal issues awaiting legal location within one or more legal orders. I consider how long, and through which kinds of practices, do EU institutions allow unresolved legal spaces in the sovereign debt programmes to endure or re-emerge. This entails assessing the various EU judicial pathways through which sovereign debt programmes have been challenged. By stressing the temporal dimensions of liminal legality and the importance of viewing law as a practical enterprise, my analysis suggests that a narrowly doctrinal approach to recent cases such as Ledra Advertising, Mallis and Florescu does not capture the problematic dimensions of legality in the EU sovereign debt programmes.

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Section: How Liminal Legality Compares With Other Analyses Of Legalitmentioning

confidence: 99%

The EU and its Sovereign Debt Programmes: The Challenges of Liminal Legality

Kilpatrick¹

2017

Current Legal Problems

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“…The findings show that initial governmental preferences were not challenged by important societal interest groups and that where they were challenged by parliamentary actors, concessions did not affect the original principles of ESM design. The analysis is based on a new EU-wide dataset on political influence in Eurocrisis decision-making, 36 in-depth interviews with non-governmental socio-economic actors and government officials in nine Eurozone countries and data on the role of parliamentary actors from the ‘Constitutional Change through Euro Crisis Law’ (CCECL) project (Beukers et al, 2017).…”

Section: Introductionmentioning

confidence: 99%

“… 3. Reports were accessed in April 2018 and retrieved from the Constitutional Change through Euro Crisis Law (CCECL) project website http://eurocrisislaw.eui.eu. The reports were later used as the basis for an edited volume by Beukers et al (2017). …”

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confidence: 99%

The European Stability Mechanism and Domestic Preference Formation During the Eurocrisis: The Role of Non-Governmental Actors

Bojović¹,

Munta²,

Puetter³

2019

Political Studies Review

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This article addresses a gap in the Eurocrisis literature by investigating the role of important socio-economic actors, such as representatives from organised business and labour, as well as parliamentarians in determining governmental preferences on the European Stability Mechanism during the Eurocrisis and in more recent discussions on the future of the European Stability Mechanism. It is argued that the study of the roles of key interest groups, parliaments and public opinion adds important weight to existing studies and frameworks. It speaks particularly of studies which suggest that governments enjoyed important leeway in forming their preferences on the European Stability Mechanism and were driven predominantly by internal technocratic advice and their integration into EU-level structures of bureaucratic cooperation. The findings show that initial governmental preferences were not challenged by important interest groups and that where they were challenged by parliamentary actors, concessions did not affect the original principles of the European Stability Mechanism design.

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“…In the wake of the Eurocrisis, several studies have examined the question of emergency measures bending the law of the Treaties (see, e.g.,Beukers, 2013;Beukers et al, 2017;Tuori and Tuori, 2014;Hinarejos, 2015;Ioannidis, 2016). What such studies to a large extent share is the notion that 'euro-crisis law' has not bent back, so to speak, but 'become simply the macroeconomic law of the EU'(Beukers et al, 2017, p. 1).…”

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confidence: 99%

‘We Serve the People of Europe’: Reimagining the ECB's Political Master in the Wake of its Emergency Politics

Lokdam

2020

J of Common Market Studies

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In the wake of the Euro crisis, the mission statement on the European Central Bank's (ECB) website was changed from 'Our mission is to serve Europe's citizens' to 'Our mission is to serve the people of Europe'. This article situates this discursive shift within a broader change of the ECB's self-presentation in public discourses and explores its meaning in terms of political theory and public law. The article argues that the shift represents a response to the perceived necessity of reimagining the ECB's foundation of legitimate governmental authority following its exercise of emergency powers during the Euro crisis. The discourse emphasizes an organic link between the ECB and 'the people of Europe' as a political subject able to authorize previously unauthorized governmental practices such as the outright monetary transactions programme. It reflects, furthermore, a new governing philosophy that stresses flexibility and discretion rather than strict adherence to rules in the ECB's exercise of power.Early versions were presented in 2017 at the "European Central Banking Workshop" at the Institute for European Studies, University of British Columbia and at the EUSA Conference in Miami. I would like to thank the participants in these events for valuable input, especially Michele

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Constitutional Change through Euro-Crisis Law: Taking Stock, New Perspectives and Looking Ahead

Cited by 3 publications

References 4 publications

The EU and its Sovereign Debt Programmes: The Challenges of Liminal Legality

The EU and its Sovereign Debt Programmes: The Challenges of Liminal Legality

The European Stability Mechanism and Domestic Preference Formation During the Eurocrisis: The Role of Non-Governmental Actors

‘We Serve the People of Europe’: Reimagining the ECB's Political Master in the Wake of its Emergency Politics

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