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..
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).
On 22 June 2015, the Five Presidents Report – European Commission President (Jean-Claude Juncker), in close cooperation with the President of the Euro Summit (Donald Tusk), the President of the Eurogroup (Jeroen Dijsselbloem), the President of the European Central Bank (Mario Draghi) and the President of the European Parliament (Martin Schulz) have revealed the […]Read More..
On 18 June 2015 the Eurogroup issued the attached statement, in which it expressed its satisfaction with the entry into force of the legal framework establishing a new foreclosure procedure and the adoption of a comprehensive reform of corporate and personal insolvency laws.Read More..
On 16 June 2015 the Court of Justice of the EU has delivered its judgment in the preliminary reference by the German Constitutional Court on the ECB's OMT programme (C-62/14, Gauweiler e.a.). The Court has found that European law permits the OMT programme: it falls within the monetary policy mandate of the ECB, is proportionate, […]Read More..
Workshop Announcement Wednesday 3 June 2015: Odyssey of a Eurozone country. Adjudication of postnational law in national (constitutional) courtsMay 26, 2015
Poster_Workshop Adjudication of postnational law June 3Read 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..
EUI Conference 22/23 May: European Banking Union: Democracy, Technocracy and the State of IntegrationMay 12, 2015
In 2012, at the height of the sovereign debt crisis, European decision makers decided that the next step in developing an ever closer union involved the formation of banking union (BU). Now that the banking union has taken shape, this conference will bring together social scientists from several disciplines to discuss the nature of the […]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..
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..
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..
Expressions of interest are welcomed by 20 March 2015. See for more information: EUI Euro Crisis Law Project_Rapporteur for Lithuania EUI Euro Crisis Law Project_Rapporteur for DenmarkRead More..
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..
On 24 February 2015 the Finance Ministers of the Euro Area agreed on a 4 month extension of the Greek EFSF Programme (Master Financial Assistance Facility Agreement). National procedures will now start with a view to have a final approval of the extension. See the section of this website on Early Emergency Funding for the […]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..
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..
On Wednesday 14 January 2015 Advocate General Cruz Villalon has issued his Opinion in the Gauweiler case on the compatibility of the ECB's OMT-programme with EU law. According to the Advocate General, the OMT-programme is a monetary policy measure compatible with the mandate of the ECB and the monetary financing prohibition of article 123 TFEU if […]Read More..
16 January 2015: European Commission issues guidance on how it will apply the SGP to foster reform and investmentJanuary 16, 2015
On 13 January 2015 the European Commission has presented guidance on how it plans to apply the existing Stability and Growth Pact rules to strengthen the link between structural reforms, investment and fiscal responsibility in support of jobs and growth. See the press release at: http://europa.eu/rapid/press-release_IP-15-3220_en.htmRead More..
30 May 2014: Portuguese Constitutional Court declares pay, pension and welfare cuts unconstitutionalJune 24, 2014
See http://www.tribunalconstitucional.pt/tc/acordaos/20140413.html for the Constitutional Court decision in Portuguese (no English translation available).Read More..
This website holds the results of a study coordinated by the Law Department that charts the impact of Euro Crisis Law (by which we mean the legal instruments adopted at European or international level in reaction to the Eurozone crisis) on the national legal and constitutional structures of the 28 Member States of the EU.Read More..