OMT’s Inevitable Legality? Giorgio Monti (EUI) Two sets of considerations on the Advocate General’s Opinion delivered on 14 January 2015 in Case C-62/14, Gauweiler et al v Deutscher Bundestag. 1. Inevitable legality The first starts from the premise that there are certain cases when a court cannot but give one kind of answer. This can […]Read More..
News & Comments
We welcome short entries about relevant European or national developments for this News and Comments section. You are invited to use the contact form for this or to directly contact Thomas Beukers (email@example.com) or Viorica Vita (firstname.lastname@example.org).
Tomas Dumbrovsky (J.S.D. Candidate at the Yale Law School, Assistant Professor at Charles University in Prague and author of the Reports on the Czech Republic and Slovakia) (This comment first appeared on I-CONnect: http://www.iconnectblog.com/2015/07/europeanizing-the-eurozone/) The way the Greek debt crisis was handled in the last weeks has been a public relations nightmare. The more or […]Read More..
Link: http://www.cortecostituzionale.it/schedaUltimoDeposito.do;jsessionid=4AAEF7D7EC33E6839EEBC97021B33FC1 On the brink of economic meltdown in 2011, the Monti government established a number of policies to reduce spending and reset the economy (the so-called Salva Italia package); one of these affected pension payments. In brief, the measure meant that those receiving a pension three times above the minimum (so those earning […]Read More..
The first preliminary reference to the Court of Justice of the EU by the Slovenian Constitutional Court: the case of the Commission’s Banking Communication – by Samo Bardutzky (University of Kent)January 16, 2015
The first ever request for a preliminary reference from the Court of Justice of the European Union (ECJ), made by the Slovenian Constitutional Court (Ustavno sodišče) stems from a case contesting measures adopted in order to cleanse the country’s toxic banking system (Case U-I-295/13). Bank of Slovenia made use of the possibility provided by the […]Read More..
Update on the Third Greek Aid Package: On 15 July 2015 both French assemblies were called to vote on a governmental declaration concerning the rescue of Greece. Prime Minister Manuel Valls was present in the National assembly whereas his declaration was simultaneously read in the Senate by Foreign Affairs minister Laurent Fabius. Before I analyse here […]Read More..
The Greek Referendum: Unconstitutional and Undemocratic – by Xenophon Contiades and Alkmene FotiadouJuly 7, 2015
The Greek Referendum: Unconstitutional and Undemocratic By Prof. Xenophon Contiades and Dr. Alkmene Fotiadou (Centre for European Constitutional Law, University of Peloponnese) No democratic country should have to decide on its future through an unconstitutional, undemocratic referendum. Greece did. On Sunday, Greek citizens went to the polls to answer a question characterized by oracular ambiguity. A […]Read More..
The Greek Referendum from Comparative Perspective: the Good, the Bad and the Ugly – by Fernando MendezJuly 6, 2015
The Greek Referendum from Comparative Perspective: The Good, the Bad and the Ugly Fernando Mendez, Centre for Research on Direct Democracy, University of Zurich (and co-author of Referendums and the European Union: A comparative inquiry, CUP Press 2014) The aim of this short piece is to situate the July 5th Greek referendum in comparative context. […]Read More..
Malte Kröger (email@example.com) is currently legal trainee (Referendar) at the Higher Regional Court of Hamburg and a PhD-candidate at the Albrecht Mendelssohn Bartholdy Graduate School of Law at Hamburg’s Law Faculty. Malte is the author of the Report on Luxembourg and the Report on Malta on this website, and is currently also completing the Report […]Read More..
How Democratic is the Greek Referendum? Alexander H. Trechsel (Swiss Chair Professor in Federalism and Democracy at the EUI) (This comment first appeared in EUDO Café: https://blogs.eui.eu/eudo-cafe/2015/07/03/how-democratic-is-the-greek-referendum/) It could hardly get any more dramatic in the negotiations between the EU and the Greek government. The clock is ticking and if no solution can be found […]Read More..
Rita De Brito Gião Hanek is a lawyer and legal consultant working with governmental and nongovernmental organizations on public law, public international law and international human rights law projects and is also co-author of the Report on Portugal on this website Parliamentary approval of financial assistance provided under the ESM is not required in Portugal. […]Read More..
Towards the Greek Referendum: Is it only a question of legality? Stavros Makris (PhD Researcher at the EUI), 3 July 2015 On 27 June, after an impasse in the negotiations with the Institutions, Alexis Tsipras, the Greek Prime Minister, called a referendum on a potential political deal with the Institutions concerning the country’s bailout programme. […]Read More..
Latvians do not trust Greeks or how Latvia approved the Third Greek Bailout: Parliamentary involvement – by Zane RasnačaDecember 5, 2015
Zane Rasnača is PhD Researcher in Law at the European University Institute and author of the ‘Report on Latvia’ on this website. The tumultuous road towards Latvian support for the Third Greek Bailout was marked by strong scepticism from both politicians and the general public. Already in late 2013 when Latvia was in the process […]Read More..
Is the Greek referendum unconstitutional? Afroditi Marketou, 3 July 2015 It would be shocking if the Greek government announced an unconstitutional referendum. They, who had so much emphasized the need for constitutional legality in their critique towards previous governments and in their electoral campaign, they would now so violently and profoundly violate the Greek Constitution […]Read More..
Païvi Leino-Sandberg is Adjunct Professor of EU Law, Academy of Finland Research Fellow, University of Helsinki and co-author of the Report on Finland available on this website. (This comment first appeared on the EU Law Analysis Blog: http://eulawanalysis.blogspot.be/2015/11/further-development-of-emu-should.html) The June 2012 the President of the European Council presented a report to the European Council setting out […]Read More..
German Chancellor Merkel and Commission President Juncker recently both made a direct link between the survival of Schengen and the euro. "Nobody should pretend that you can have a common currency without being able to cross borders reasonably easily", Merkel remarked. Similary, Juncker has stated that "Without Schengen and the free movement of workers, of […]Read More..
How Europe’s least controversial rescue fund became controversial – by Nik de Boer and Chris KoedooderAugust 20, 2015
Nik de Boer and Chris Koedooder are both PhD Researcher at ACELG. (This comment first appeared on the Amsterdam Centre for European Law and Governance (ACELG) blog: https://acelg.blogactiv.eu/2015/07/20/how-europes-least-controversial-rescue-fund-became-controversial/) Note: This comment was first published on 20 July 2015 at the ACELG Blog. On 11 August 2015, the third Greek rescue package, to be provided by […]Read More..
Court of Auditors Report on Financial assistance: Lessons from the Initial EU Crisis Response for the Future of EU Economic Governance – by Agnieszka Smolenska (EUI)January 28, 2016
Agnieszka Smolenska is a PhD Researcher at the EUI studying the application of state aid rules to banks from 2007 in the context of the emerging frameworks for EU and Eurozone financial regulation and supervision On 26 January the Court of Auditors published a Special Report on “Financial assistance provided to countries in difficulties”, a […]Read More..
Greek Council of State (Plenum) Decision on Labour Measures Implementing 2nd Greek MoU – by Matina Yannakourou (European University Cyprus)April 7, 2015
Matina Yannakourou (European University Cyprus, S.Yannakourou@euc.ac.cy) On 27 June 2014, the Greek Council of State in Plenum issued Decision 2307/2014 declaring all labour law measures implementing the second Memorandum of Understanding (MoU) in compliance with the Greek Constitution, the TFEU (arts 125 and 136), the ECHR (art 11 and art 1 of its 1st Additional […]Read More..
Privatising state intervention for financial stability: the Italian case – by Agnieszka Smolenska (EUI)February 13, 2016
Agnieszka Smolenska is a PhD Researcher at the EUI studying the application of state aid rules to banks from 2007 in the context of the emerging frameworks for EU and Eurozone financial regulation and supervision On 10 February Italy passed a series of laws intended to improve the soundness and stability of its banks (Misure […]Read More..
On 10 September 2014 the Spanish Constitutional Court has admitted an action of unconstitutionality for breach of local competences (conflicto en defensa de la autonomia local) brought by nearly 3000 municipalities – by Leticia Diez Sanchez (EUI)January 16, 2015
The actions of unconstitutionality for breach of local competences can only be brought by 1,160 municipalities representing at least one-sixth of the Spanish population (about 7,8 million inhabitants), having been the first time that a sufficient number of local governments manage to lodge such an action – notably, about 850 of these 3000 municipalities are […]Read More..
Is the IMF necessary for the 3rd Greek Program? – by Alexandros Kyriakidis (University of Sheffield)April 20, 2016
Alexandros Kyriakidis is a PhD Candidate at the Department of Politics of the University of Sheffield Tensions have been growing between Greece and the IMF, including a highly controversial Wikileaks leaked conversation between the IMF Mission Chief for Greece and the Head of IMF’s European Department that raised issues at the highest level, with letters […]Read More..
By Robin Gadbled (EUI) Intense debate and media attention surrounded the adoption of the French law on Growth, Economic Activity and Economic Equal Opportunities, more famously known under the name of its promotor: France’s new Minister to the Economy Emmanuel Macron. Read the whole comment here.Read More..
The ECB in check: a case from Portugal on the new Single Supervisory Mechanism – by Nelson Coelho and Diane Fromage (Utrecht University)June 10, 2016
Nelson Coelho is a PhD Researcher at Utrecht University School of Law; Diane Fromage is an Assistant Professor at Utrecht University School of Law and co-author of the Report on France on this website (This comment first appeared on the blogdroiteuropéen, https://blogdroiteuropeen.com/2016/06/09/the-ecb-in-check-a-case-from-portugal-on-the-new-single-supervisory-mechanism-by-nelson-coelho-et-diane-fromage/) European Central Bank (ECB) Vice-President Vítor Constâncio was recently invited by the Portuguese […]Read More..
Read the extensive comment on the recent Italian Constitutional Court Decision on pension cuts (Judgment 70/2015) in the Italian Journal Amministrazione e Contabilita (in Italian only). The comment is written by Gabriele Pepe, researcher in Administrative Law at Guglielmo Marconi University, and entitled "Necessita di un'adeguata motivazione della legge restrittivamente incidente nella sfera guiridica dei […]Read More..
The Commission’s report on the Fiscal Compact and its expected (cautious) assessment – by Diane Fromage and Paul DermineMay 12, 2017
Diane Fromage is an Assistant Professor at Maastricht University Faculty of Law, and co-author of the Report on France on this website; Paul Dermine is a PhD researcher at Maastricht University Faculty of Law. (This comment first appeared on eufinacco, https://eufinacco.wordpress.com/2017/03/31/the-commissions-report-on-the-fiscal-compact-and-its-expected-cautious-assessment/) Last February, the European Commission issued its report on the Member States’ compliance with […]Read More..