Edited by Herwig C.H. Hofmann, Professor of European and Transnational Public Law and Katerina Pantazatou, Associate Professor in Tax Law, University of Luxembourg, Luxembourg, with Giovanni Zaccaroni, Research Fellow, Robert Schuman Institute for European Affairs, University of Luxembourg,Luxembourg and Adjunct Professor, European Union Internal Market Legislation, University of Bologna, Italy
Demonstrating the ways in which the micro and macro-economic constitutions of Europe have reacted to legal measures enacted to counter the economic crisis of the past decade, this innovative book takes an interdisciplinary approach in its attempt to understand and portray the metamorphosis of the European Economic Constitution. It contains contributions from leading scholars and experts in European economic law, discussing the challenges, solutions found, problems arising and possible approaches to embed the economic constitution in the broader constitutional framework of the EU.
This book explores how the architecture of European economic and monetary governance has radically changed over the last decade. It demonstrates the ways in which the micro- and macro-economic constitutions of Europe have reacted to legal measures enacted to counter past economic crisis, together, profoundly modifying the way in which European constitutionalism is understood.
Within this innovative book, leading scholars and experts in European economic law discuss the changes and the problems arising for today’s Economic Constitution from an interdisciplinary perspective. Analysing both the economic and social aspects of European legal integration and proposing solutions to challenge the current state of affairs, The Metamorphosis of the European Economic Constitution will be of value to academics and practitioners alike.
‘This book provides us with a fantastic amount of precise information and high-level insights and ideas on the identification and future directions of form and content of the European Economic Constitution, through diverse methods ranging from an economic analysis of law to socio-legal perspectives. Whether adhering to the metamorphosis thesis underlying the work or criticising it, the reader will no doubt enjoy and benefit from the intellectual challenges the book contains.’ – Jacques Ziller, University of Pavia, Italy
Foreword: Introducing the ‘European Economic Constitution’ and its Transformations Herwig C.H. Hofmann and Katerina Pantazatou
Part I: Theoretical developments and critiques of the European Economic Constitution 1. The transformation of the European Economic Constitution Herwig C.H. Hofmann and Katerina Pantazatou
2. The Faustian bargain. How evolving economic and political beliefs have redefined the European Economic Constitution Dariusz Adamski
3. The principles of the European macroeconomic constitution, their fate during the crisis and the legitimacy of the ECB Klaus Tuori
4. The European Economic Constitution: from soft to hard policy coordination? Frederic Allemand
5. A Gentle Criticism of the Metamorphosis Thesis Bruno De Witte
Part II: The European Social Model and the European Economic Constitution 6. Economic Constitutionalism and the “European Social Model” Can European Law Cope with the Deepening Tensions between Economic and Social Integration after the Financial Crisis” Christian Joerges, Vladimir Bogoeski and Lukas Nüse
7. The European Economic Constitution and the Constitution of Social Europe: Gleanings from the CJEU’s Collective Redundancies Cases Luca Ratti
8. Procedural rights within the European Economic Constitution: which remedies for the rights and interests of those affected by the legal measures enacted to counter the economic crisis? Giovanni Zaccaroni
9. In Conditionality We Trust: What Scope for Conditionality in the Emerging European Economic Constitution? Viorica Viță
Part III: Analysing the responses to the crisis: The further development of the European Economic Constitution
10. Assessing the post-crisis European Economic Constitution: the fiscal perspective Katerina Pantazatou and Ioannis G. Asimakopoulos
11. European macroeconomic constitution and the post-crisis reproductions of its operational rules: the Single Supervisory Mechanism Jakub Gren
12. The Single Resolution Board as a New Form of Economic Governance Ioannis G. Asimakopoulos
13. The European Economic Constitution as Part of the European Constitutional Model Herwig C.H. Hofmann and G. Zaccaroni