Significant long-term developments in EMU are conditioned not only by the current EU legal framework but also by national constitutions. Conditions are posed by constitutional courts interpreting the constitution, by putting limits to transfers of sovereignty and by putting limits on the basis of rights protection. Good examples of this are the German and Portuguese constitution. Conditions are posed also by referenda prescribed or allowed for the ratification of new treaties. Member states are free to determine the national constitutional requirements for the ratification of EU treaties (in line with the national constitution), including the use of referenda. The United Kingdom illustrates that development of the EU can also be conditioned by referenda on membership. Conditions are posed to euro area development by non-euro area member states. The most prominent example of this is again provided by the United Kingdom (Fiscal Compact and in-or-out referendum).
EMU and national constitutional conditions to long term change / Fasone, Cristina; Beukers, Thomas. - 2016/039:(2015).
EMU and national constitutional conditions to long term change
FASONE, CRISTINA;
2015
Abstract
Significant long-term developments in EMU are conditioned not only by the current EU legal framework but also by national constitutions. Conditions are posed by constitutional courts interpreting the constitution, by putting limits to transfers of sovereignty and by putting limits on the basis of rights protection. Good examples of this are the German and Portuguese constitution. Conditions are posed also by referenda prescribed or allowed for the ratification of new treaties. Member states are free to determine the national constitutional requirements for the ratification of EU treaties (in line with the national constitution), including the use of referenda. The United Kingdom illustrates that development of the EU can also be conditioned by referenda on membership. Conditions are posed to euro area development by non-euro area member states. The most prominent example of this is again provided by the United Kingdom (Fiscal Compact and in-or-out referendum).File | Dimensione | Formato | |
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Beukers_Fasone Ademu-WP-039-2016 EMU and national constitutional conditions to long-term change (1).pdf
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