Europe's Second Constitution

Gehring, Markus W.

doi:10.1017/9781108768399

Cited by 17 publications

(2 citation statements)

References 395 publications

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“…65 This constitutes a profound overhaul for the EU architecture of economic governance. Whereas the process of constitutionalization of the EU continues to face obstacles, engrained in ideas of demos, citivas and ius, 66 NGEU has greatly advanced the federalization of the EU, endowing it with a fiscal capacity, besides tools of fiscal regulation. Indeed, it has been suggested that this federal step is a dividend of Brexit --the United Kingdom withdrawal from the EU.…”

Section: IIImentioning

confidence: 99%

Next Generation EU: Legal Structure and Constitutional Consequences

Fabbrini

2023

SSRN Journal

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Section: IIImentioning

confidence: 99%

Next Generation EU: Legal Structure and Constitutional Consequences

Fabbrini

2023

SSRN Journal

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“…68 This constitutes a profound overhaul for the EU architecture of economic governance. Whereas the process of constitutionalisation of the EU continues to face obstacles, engrained in ideas of demos, civitas, and ius, 69 NGEU has greatly advanced the federalisation of the EU, endowing it with a fiscal capacity, besides tools of fiscal regulation. Thanks to NGEU the EU's fiscal union presents features which are akin to those of mature federal regimes worldwide.…”

Section: Constitutional Consequencesmentioning

confidence: 99%

Next Generation Eu: Legal Structure and Constitutional Consequences

Fabbrini¹

2022

Camb. Yearb. Eur. Legal Stud.

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The article examines the legal structure and constitutional consequences of ‘Next Generation EU’ (NGEU)—the innovative recovery fund that the European Union (EU) established to address the socio-economic consequences of the COVID-19 pandemic. The article sheds light on the complex normative constellation that was used to erect NGEU, and explains how this was satisfactorily done within the existing Treaty framework, by resorting to current legal bases. At the same time, however, the article underlines the profound constitutional consequences that NGEU has on the EU's architecture of economic governance. To this end, the article contrasts the strategy chosen to respond to the COVID-19 pandemic to that embraced to tackle the euro-crisis a decade ago, and concludes emphasising how NGEU significantly contributes to the federalisation of the EU, endowing its fiscal union with a fiscal capacity analogous to that of other federal regimes.

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Fundamental Rights and the Legal Obligations of Business

Bilchitz

2021

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Corporations can significantly affect the fundamental rights of individuals. This book investigates what legal obligations they have to respect, protect and realise these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.

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Europe's Second Constitution

Cited by 17 publications

References 395 publications

Next Generation EU: Legal Structure and Constitutional Consequences

Next Generation EU: Legal Structure and Constitutional Consequences

Next Generation Eu: Legal Structure and Constitutional Consequences

Fundamental Rights and the Legal Obligations of Business

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