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Conclusion

Preserving the Contract in an Emergency

Published online by Cambridge University Press:  24 September 2020

Vestert Borger
Affiliation:
Universiteit Leiden
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Summary

The conclusion synthesizes the findings and, on that basis, discusses how the European Court of Justice should have positioned itself in relation to the change in the Founding Contract. It first reflects on the constitution of the Union and shows that this fits the tradition of the ‘constitutional contract’. It then discusses what consequences this has for constitutional actors, including the Court, when faced with a crisis like the one in the currency union. The initiation of the change in the Founding Contract by the heads of state or government on 11 February 2010 was a political act, an exercise of constitutional power outside the law. However, this exercise of political power does receive recognition in the law, in particular, through the principle of loyal cooperation. When the Court has to rule on a measure that has proven essential to preserve the Founding Contract in an emergency, it is under a duty of loyalty to abstain from disapproving it. Yet, instead of assessing and approving such measures on the merits, as the Court did in Pringle and Gauweiler, it should have acted on its duty by silence.

Type
Chapter
Information
The Currency of Solidarity
Constitutional Transformation during the Euro Crisis
, pp. 350 - 371
Publisher: Cambridge University Press
Print publication year: 2020

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  • Conclusion
  • Vestert Borger, Universiteit Leiden
  • Book: The Currency of Solidarity
  • Online publication: 24 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781108864633.011
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  • Conclusion
  • Vestert Borger, Universiteit Leiden
  • Book: The Currency of Solidarity
  • Online publication: 24 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781108864633.011
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.

  • Conclusion
  • Vestert Borger, Universiteit Leiden
  • Book: The Currency of Solidarity
  • Online publication: 24 September 2020
  • Chapter DOI: https://doi.org/10.1017/9781108864633.011
Available formats
×