Pub Date : 2019-10-01DOI: 10.4337/9781788972345.00013
Phoebus Athanassiou
{"title":"The institutional architecture and tasks of the European Central Bank","authors":"Phoebus Athanassiou","doi":"10.4337/9781788972345.00013","DOIUrl":"https://doi.org/10.4337/9781788972345.00013","url":null,"abstract":"","PeriodicalId":384831,"journal":{"name":"Research Handbook on EU Economic Law","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127320438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-01DOI: 10.4337/9781788972345.00021
C. Gortsos
{"title":"The European Deposit Insurance Scheme","authors":"C. Gortsos","doi":"10.4337/9781788972345.00021","DOIUrl":"https://doi.org/10.4337/9781788972345.00021","url":null,"abstract":"","PeriodicalId":384831,"journal":{"name":"Research Handbook on EU Economic Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122305785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-01DOI: 10.4337/9781788972345.00020
C. Gortsos
{"title":"The Single Resolution Mechanism","authors":"C. Gortsos","doi":"10.4337/9781788972345.00020","DOIUrl":"https://doi.org/10.4337/9781788972345.00020","url":null,"abstract":"","PeriodicalId":384831,"journal":{"name":"Research Handbook on EU Economic Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126681448","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788972345.00009
J.-P. Keppenne
{"title":"Fiscal rules","authors":"J.-P. Keppenne","doi":"10.4337/9781788972345.00009","DOIUrl":"https://doi.org/10.4337/9781788972345.00009","url":null,"abstract":"","PeriodicalId":384831,"journal":{"name":"Research Handbook on EU Economic Law","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124714642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788972345.00015
S. Baroncelli
Chapter 8 has the legality of the ECB at its heart and examines judicial review of ECB measures. The author refers to older ECJ cases on ECB independence, and the more recent national challenges to ECB monetary policy, but her analysis mostly focuses on two major rulings delivered by the ECJ - on preliminary references made by the Bundesverfassungsgericht (the Constitutional Court of Germany) - on the legality of the OMT and the QE programs: the Gauweiler and Weiss judgments. As the author explains, the fact that the ECB has been subject to so many legal actions is unusual in comparative perspectives, since in most other constitutional democracies action by central banks tend to be shielded from judicial review on standing grounds. Nevertheless, she stresses that the ECJ has fully validated the action of the ECB, effectively adopting a deferential standard of review, which is consonant with the greater technical expertise that the ECB has compared to the other EU institutions.
{"title":"Monetary policy and judicial review","authors":"S. Baroncelli","doi":"10.4337/9781788972345.00015","DOIUrl":"https://doi.org/10.4337/9781788972345.00015","url":null,"abstract":"Chapter 8 has the legality of the ECB at its heart and examines judicial review of ECB measures. The author refers to older ECJ cases on ECB independence, and the more recent national challenges to ECB monetary policy, but her analysis mostly focuses on two major rulings delivered by the ECJ - on preliminary references made by the Bundesverfassungsgericht (the Constitutional Court of Germany) - on the legality of the OMT and the QE programs: the Gauweiler and Weiss judgments. As the author explains, the fact that the ECB has been subject to so many legal actions is unusual in comparative perspectives, since in most other constitutional democracies action by central banks tend to be shielded from judicial review on standing grounds. Nevertheless, she stresses that the ECJ has fully validated the action of the ECB, effectively adopting a deferential standard of review, which is consonant with the greater technical expertise that the ECB has compared to the other EU institutions.","PeriodicalId":384831,"journal":{"name":"Research Handbook on EU Economic Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122168019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788972345.00017
Pablo Hernández de Cos
{"title":"BANKING UNION","authors":"Pablo Hernández de Cos","doi":"10.4337/9781788972345.00017","DOIUrl":"https://doi.org/10.4337/9781788972345.00017","url":null,"abstract":"","PeriodicalId":384831,"journal":{"name":"Research Handbook on EU Economic Law","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122566782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788972345.00010
Tomi Tuominen
One of the measures that the Eurozone Member States took in their attempt to combat the financial and debt crisis was to give financial assistance to the crises-ridden states. The purpose of such assistance was to safeguard the financial stability of the euro area as a whole. Thus, these mechanisms can be referred to as financial stabilisation mechanisms. The purpose of this paper is to provide an overview of the different mechanism of financial stabilisation and their constitutional significance. Due to the fact that there are actually several mechanisms, the discussion will focus mainly on the European Stability Mechanism (ESM), the permanent mechanism. Out of the various constitutional questions that such mechanisms give rise to, this paper will emphasise those issues that relate to the asymmetrical structure of the Economic and Monetary Union (EMU). The choice to focus on issues that relate to the asymmetry of the EMU stems from the fact that these questions are politically most contentious, which also meant that addressing them proved legally difficult.
{"title":"Mechanisms of financial stabilisation","authors":"Tomi Tuominen","doi":"10.4337/9781788972345.00010","DOIUrl":"https://doi.org/10.4337/9781788972345.00010","url":null,"abstract":"One of the measures that the Eurozone Member States took in their attempt to combat the financial and debt crisis was to give financial assistance to the crises-ridden states. The purpose of such assistance was to safeguard the financial stability of the euro area as a whole. Thus, these mechanisms can be referred to as financial stabilisation mechanisms. The purpose of this paper is to provide an overview of the different mechanism of financial stabilisation and their constitutional significance. Due to the fact that there are actually several mechanisms, the discussion will focus mainly on the European Stability Mechanism (ESM), the permanent mechanism. Out of the various constitutional questions that such mechanisms give rise to, this paper will emphasise those issues that relate to the asymmetrical structure of the Economic and Monetary Union (EMU). The choice to focus on issues that relate to the asymmetry of the EMU stems from the fact that these questions are politically most contentious, which also meant that addressing them proved legally difficult.","PeriodicalId":384831,"journal":{"name":"Research Handbook on EU Economic Law","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126204922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4337/9781788972345.00026
N. Linciano
{"title":"Clearing and settlement","authors":"N. Linciano","doi":"10.4337/9781788972345.00026","DOIUrl":"https://doi.org/10.4337/9781788972345.00026","url":null,"abstract":"","PeriodicalId":384831,"journal":{"name":"Research Handbook on EU Economic Law","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116474945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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