Naslov
The Role of Courts in Economic Governance in the European Union
(The Role of Courts in Economic Governance in the European Union’)

Autori
Ćapeta, Tamara

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
TOWARDS A NEW GOVERNMENT OF THE ECONOMY IN THE EUROPEAN UNION?

Urednik/ci
CARRERA HERNÁNDEZ, F.J.

Izdavač
Thomson Reuters Aranzadi

Grad
Cizur Menor

Godina
2018

Raspon stranica
155-189

ISBN
978-84-9177-284-2

Ključne riječi
Courts, European Court of Justice, Economic Governance, Financial Crisis

Sažetak
This paper asks the question whether the courts have a role in shaping economic policy decisions at the EU level. It analyses which types of “economic” cases reached the courts during the financial crisis in the EU, and to what extent and with which arguments Member States' courts and the CJEU agreed to participate in shaping economic policy decisions. The paper discusses the effects and desirability of the courts’ participation in economic governance, and concludes that, whether or not one approves this, the Courts are today inevitable part of economic governance. Shift from international instruments as a means of addressing the euro crisis to the EU-based instruments will not eliminate judicialisation of economic governance. If, for instance, fiscal policy becomes more communitarianised, this will not change judicial involvement, it would just change the level of the courts involved: from national courts to the CJEU. This can, arguably, also change the outcome of judicial decisions, but not the involvement of courts in economic decisions.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA