Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-fscjk Total loading time: 0 Render date: 2024-12-21T12:53:13.119Z Has data issue: false hasContentIssue false

7 - The Constitutional Boundaries of Member State Fiscal Sovereignty

from Part II

Published online by Cambridge University Press:  07 April 2022

Brady Gordon
Affiliation:
University of British Columbia, Vancouver; Blake, Cassels & Graydon LLP
Get access

Summary

Chapter 7 examines whether the fiscal governance architecture enacted since the crisis is reconcilable with the constitutional boundaries of member state fiscal sovereignty underlying the EU legal order as a whole. It conducts a piece-by-piece deconstruction of the European governance framework to identify instruments which trespass on ultra vires and constitutional identity rulings of national constitutional courts. It finds that the new architecture is dependent, for its stable functioning, on instruments which are beyond the boundaries of the EU legal order and profess to bind national legislators in economic/fiscal policy, contrary to member state constitutional identity jurisprudence. By restricting fiscal autonomy and providing bailouts, the EU has sunk the foundation stones of a unitary model that is manifestly incompatible with the constitutional jurisprudence of its twenty-eight member states catalogued in this book. This is not only legally unsound, but economically ineffective and injurious to good principles of fiscal federalism.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×