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  • Ana Bobić, Court of Justice of the European Union
Publisher:
Cambridge University Press
Online publication date:
January 2024
Print publication year:
2024
Online ISBN:
9781009207942
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC Creative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/creativelicenses

Book description

A contribution to legal theories of accountability, this book offers pioneering research on the position of the individual in the EU's Economic and Monetary Union. Its premise is that the EU's response to the financial crisis placed undue emphasis on equality of Member States, to the detriment of political equality of citizens. As a remedy, this book reimagines legal accountability as the vehicle for achieving the common interest, by presenting a novel understanding of the relationship between solidarity and equality. Institutionally, the author argues that, by carrying out intensive review of the duty to state reasons, courts can ensure that decision-makers act in the common interest. The book explores judicial review in financial assistance, the monetary policy mechanisms of the European Central Bank, and the Single Supervisory Mechanism. Looking into the future, it tests its theoretical and normative propositions on the newly established Next Generation EU. This title is also available as Open Access on Cambridge Core.

Reviews

‘Ana Bobic has combined two rarely reached topics in her book by focusing on individuals in relation to the EMU and through the lenses of legal accountability. Interestingly, she replaces the perspective of equality of EU states with a more substantive reading of equality that allows both the individual and solidarity to the picture. Decision-makers are made legally accountable for acting in the common interest of all citizens. Finally, she uses this transnational constitutionalism by the CJEU to assess the NGEU. A very important and pleasant read indeed!’

Klaus Tuori - Research Fellow, University of Luxembourg

‘This book argues for a novel and necessary reimagining of legal accountability within Economic and Monetary Union, one that places the individual at its heart. Bobić casts a new light on the original arrangements underlying the EMU and on the developments following the euro area crisis and beyond, and argues that we need to abandon the traditional focus on the formal equality of Member States, to focus instead on political equality of citizens and solidarity as a way to conceptualise legal accountability in this transnational context. This is a rich, forward-looking and important contribution; an essential read for those interested in the debate on the future of EMU and of the EU, in general.’

Alicia Hinarejos - Full Professor of Law, McGill University

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Contents

Full book PDF
  • The Individual in the Economic and Monetary Union
    pp i-ii
  • The Individual in the Economic and Monetary Union - Title page
    pp iii-iii
  • A Study of Legal Accountability
  • Copyright page
    pp iv-iv
  • Dedication
    pp v-vi
  • Contents
    pp vii-x
  • Acknowledgements
    pp xi-xii
  • Table of Cases
    pp xiii-xx
  • Table of Legislation
    pp xxi-xxvi
  • Abbreviations
    pp xxvii-xxviii
  • Introduction
    pp 1-13
  • 1 - The Normative Framework of Legal Accountability
    pp 14-47
  • 2 - Theorising Judicial Review in the Economic and Monetary Union
    pp 48-81
  • 3 - Financial Assistance Mechanisms
    pp 82-106
  • 4 - The Monetary Policy of the European Central Bank
    pp 107-137
  • 5 - The Single Supervisory Mechanism
    pp 138-170
  • Conclusion
    pp 171-182
  • Epilogue
    pp 183-202
  • Bibliography
    pp 203-218
  • Index
    pp 219-220

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