Contradiction, Circumvention and Conceptual Gymnastics: The Impact of the Adoption of the ESM Treaty on the State of European Democracy

Tomkin, Jonathan

doi:10.1017/s2071832200001759

Cited by 39 publications

(7 citation statements)

References 3 publications

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“…Even in exceptional circumstances, adoption of measures inconsistent with such values undermines the integrity of the Union legal order as a whole. 167 We support the view that "'more Europe' had come to mean more intergovernmental collaboration under Franco-German hegemony…The Union has reverted to…elitist decision making" 168 that puts considerable strain on its democratic legitimacy. (Austerity) orders barked from Olympian heights of executive politics exacerbate already weak growth and rising unemployment, and unwisely allow popular resentment to metastasize into populist movements across the Continent, feeding on citizens' frustrations.…”

Section: Final Remarksmentioning

confidence: 65%

Rule of law and economic exigency in “postdemocratic executive federalism”

Vuković

2017

Zb. Prav. fak. Sveuč. Rij. (Online)

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The author analyzes EU’s response to the ongoing economic crisis, focusing on the problem of legislative and institutional fragmentation. She argues that the authoritarian crisis management – fueled by “crisis” discourse - subverted democratic accountability by its reliance on executive discretion and intergovernmentalism. Through an analysis of European Court of Justice’s case law as well as a close look at the exact workings and implications of European Central Bank’s ultra vires actions, she shows how Lisbon Treaty was sacrificed to the exigency of creating an Ersatz Union law more pliable to the immediate concerns of reforming the EMU. She holds that the intergovernmental instruments not only “unconstitutionally” requisitioned the involvement of EU institutions, but also established a political administration unresponsive to democratic accountability, damaging the legitimacy of the Union. The resulting subjugation of the political and social constitution to economic conditions threatens an abdication of law and undermines the integrity of the Union legal order.

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Section: Final Remarksmentioning

confidence: 65%

Rule of law and economic exigency in “postdemocratic executive federalism”

Vuković

2017

Zb. Prav. fak. Sveuč. Rij. (Online)

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“…As Tomkin has argued, 'the creation of a permanent stability mechanism that is liable to have a direct impact on the lives of Union citizens and yet lies outside and beyond the reach of the Union legal order, and is subject neither to general principles nor to the rights enshrined in the Charter of fundamental rights, may be regarded as undermining of the principle of effective judicial protection and democratic accountability'. 130 The same can be said, mutatis mutandis, for the country specific recommendations.…”

Section: Economic and Monetary Unionmentioning

confidence: 95%

The Constitutional (Im)balance between ‘the Market’ and ‘the Social’ in the European Union

Garben¹

2017

European Constitutional Law Review

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An assessment of the balance between ‘the market’ and ‘the social’ by reference to the areas of social policy, the internal market and economic governance – Imbalance resulting from a consitutional displacement of the legislative process (EU and national) and instead decision-making by the judiciary and the executive – Proposals to address the imbalance by reinforcing the role of the EU legislative process and limiting other forms of European integration.

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“…1785Sester, 2012, pp. However, according to Tomkin (2013), this only shows that the credit facilities have been designed deliberately to avoid open violation of the no-bailout clause by moving into a legal grey zone and circumventing it. Indeed, the credit facilities were formally enacted not by an EU institution, but by states entering into inter-governmental agreements under private and international law and thus outside the EU legal framework.…”

Section: Questions Of Legalitymentioning

confidence: 99%

“…In addition, the EFSF was endowed with its own legal personality so that debts from deficit states would be absorbed not directly from Member States, but only indirectly. However, according to Tomkin (2013), this only shows that the credit facilities have been designed deliberately to avoid open violation of the no-bailout clause by moving into a legal grey zone and circumventing it. On the other hand, in Pringle, the ECJ resorted to a mix of textual, purposive and teleological interpretation of the relevant treaty provisions to establish that the bailout facilities were compatible with article 125(1) TFEU if indispensable for safeguarding the financial stability of the euro area as a whole and if subject to strict conditionalities.…”

Section: Questions Of Legalitymentioning

confidence: 99%

Beyond Integration Theory: The (Anti‐)Constitutional Dimension of European Crisis Governance

Kreuder-Sonnen

2016

J of Common Market Studies

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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.

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Contradiction, Circumvention and Conceptual Gymnastics: The Impact of the Adoption of the ESM Treaty on the State of European Democracy

Cited by 39 publications

References 3 publications

Rule of law and economic exigency in “postdemocratic executive federalism”

Rule of law and economic exigency in “postdemocratic executive federalism”

The Constitutional (Im)balance between ‘the Market’ and ‘the Social’ in the European Union

Beyond Integration Theory: The (Anti‐)Constitutional Dimension of European Crisis Governance

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