Fixing The Euro Within The National Constitutional Guardrails
Download Fixing The Euro Within The National Constitutional Guardrails PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Fixing The Euro Within The National Constitutional Guardrails book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages.
Fixing the Euro Within the National Constitutional Guardrails
Author: Frederik Behre
language: en
Publisher: Kluwer Law International B.V.
Release Date: 2023-07-14
EU fiscal integration is indispensable to establishing a stable single currency in the long run. However, this integration is proving ever more difficult in light of increasing national constitutional opposition. The author of this groundbreaking book shows that this dilemma between EU fiscal integration and national constitutional limits can be refuted. He provides a structured, comparative overview and outlook on how the available national constitutional space can be adapted to the political aspirations aiming at implementing EU fiscal integration steps while at the same time effectively protecting the national constitutional values at stake. Beginning with a macro-comparative assessment of Finland and Germany – two countries which have comprehensively dealt with Eurocrisis-issues in largely contrasting constitutional ways – and continuing with a comparative assessment of the specific French, German, Polish, and Spanish constitutional (identity) limits, EU fiscal integration steps are tested against the charted national constitutional space to determine their attainability. The resulting overview identifies best practices that can be employed to locate constitutional space for EU fiscal integration while enhancing the protection of core constitutional principles. The analysis addresses such specific areas as the following: constitutional red-line limits vs. flexible or mutable constitutional approaches to EU fiscal integration; strict constitutional identity limits that formulate obstacles to the attainment of EU fiscal integration; how national constitutional authorities perceive and portray the EU in their respective approaches; integration measures as an increase in the impact of sovereign powers vs. loss of autonomous decision-making; application of national constitutional frameworks during the Eurocrisis; ex ante constitutional review and ex post judicial scrutiny in representative Member States; national budgetary responsibility and fiscal autonomy; emergency budgetary instruments; and funding options for fiscal integration. The analysis throughout highlights the important role EU integration plays in stabilizing core national constitutional values in light of such complex challenges as the COVID-19 pandemic, the current Russian war of aggression against Ukraine and the required common defence strategies, but also climate change and digitalization. In its innovative response to the urgent challenge of feasible EMU reforms to stabilize the euro, this book displays how national constitutional systems can address EU (fiscal) integration in a more flexible and yet more effective manner, how EU integration steps can engage with national constitutional concerns in a more structured manner, as well as specifically hownational parliaments can be integrated and play a decisive role even when budgetary and fiscal powers are conferred at the EU level, thereby identifying a future model for EU cooperation in politically important competence areas. It thus offers a constructive outlook on achievable fiscal integration steps which will prove of inestimable value to lawyers, judges, and policymakers at the national and EU levels.
The Financial and Other Sanctions of the European Union
Author: Natalia Charalampidou
language: en
Publisher: Kluwer Law International B.V.
Release Date: 2025-03-18
European Monographs Series The European Union (EU) has chosen to react to violence and aggression in states outside the block through the imposition of restrictive measures, both autonomous and mandated by the Security Council of the United Nations. In recent years, it has furthermore chosen to react to malicious activities that do not necessarily unfold within the territory of a specific state. To date, the EU has done so in thirty-seven instances, following more than eighty EU legal instruments. This book is the first to thoroughly investigate the origins, nature, and implications of the whole range of sanctions regimes set by the EU. Breaching international peace and security, violent repression and political stalemate, serious violation of human rights, terrorism, malicious cyber activities and proliferation and use of chemical weapons have urged the EU to adopt restrictive measures. Such measures affect: funds and financial services, as well as banking; energy; gold, precious metals, diamonds and luxury goods; cultural property; tourism and travel; broadcasting; arms, weapons and missiles; dual-use items, as set both by the EU and by international actors, such as the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group and the Wassenaar Arrangement; mining and quarrying; and logistics. The book’s comprehensive coverage includes insights into the legal basis for adopting sanctions by taking in the resolutions of the UN Security Council that were previously adopted or failed to become so, the preference for smart (or targeted) measures over embargoes (or economic sanctions), the principles guiding restrictive measures (including expiration or review), when – and if – a restrictive measure can be challenged, and correlations with US legislation, as the case may be. A special chapter is dedicated to the particularly complex restrictive measures related to Russia’s aggression in Ukraine. As a focused and well-organized explication of the EU sanctions regimes, the book’s invaluable guidance in identifying the legislative instruments shaping each sanctions regime, and in producing arguments on the basis of discrepancies among them, will be welcomed by policymakers, scholars and practitioners whose work involves international relations, international peace and security, defence, banking and finance as well as luxury items and fine arts.
EU Digital Markets Law
Author: Allegra Canepa
language: en
Publisher: Kluwer Law International B.V.
Release Date: 2025-06-17
As digital technologies and models propel data to the centre of economic and social experience, new EU directives, regulations, legislative proposals, and policy strategies attempt to deal with the unprecedented challenges that come in the wake of digital expansion. Yet it remains to be seen whether such initiatives will prove adequate. This important and much-needed book looks at the main regulatory initiatives taken by the EU legislature on digital markets, with a particular focus on features affecting the individual users, mostly consumers. With detailed attention to all relevant EU legal instruments, the authors – three well-known authorities on the intersection of technology and law – offer in-depth analyses of such legal aspects of digitisation as the following: content moderation and transparency; maintaining democratic control of societies vis-à-vis dominant large digital platforms; conditions under which public sector bodies may access private sector data; digital identities and their protection, including the so-called digital wallet; risk-based classification of artificial intelligence systems; and rethinking the consumer protection regime to reconcile the needs of new markets and the protection of its consumer users. Because the digital revolution has blurred many existing legal frameworks and principles, regulation plays a pivotal role in shaping an EU Single Market fit for a sustainable digital regime, ensuring an optimal economic and social balance. For practitioners, policymakers, and academics concerned with the legal impact of technology, this comprehensive description of the policies, regulatory techniques, and key features of EU digital markets law will greatly facilitate their approach to the emergence of digital markets with awareness of applicable rules and procedures.