{"title":"《稳定与增长公约》的“沉默”","authors":"A. Estella","doi":"10.1017/cel.2021.6","DOIUrl":null,"url":null,"abstract":"Abstract This article proposes the “muting” of the SGP, the framework of rules that the EU has implemented since the coming into being of the European Monetary Union in the fiscal domain. It is argued herein that the system is far from being credible, from the perspective of the law-as-credibility paradigm. Therefore, the legal condition of the SGP should be “muted”. Three proposals to legally mute the SGP are examined in this article. The Open Method of Coordination is used as a useful model that could be followed from now on in the EU fiscal field. The gains in terms of legal credibility would argue in favour of the muting of the SGP and its correlative conversion into an OMC-like system.","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"23 1","pages":"73 - 90"},"PeriodicalIF":0.0000,"publicationDate":"2021-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"The ‘Muting’ of the Stability and Growth Pact\",\"authors\":\"A. Estella\",\"doi\":\"10.1017/cel.2021.6\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract This article proposes the “muting” of the SGP, the framework of rules that the EU has implemented since the coming into being of the European Monetary Union in the fiscal domain. It is argued herein that the system is far from being credible, from the perspective of the law-as-credibility paradigm. Therefore, the legal condition of the SGP should be “muted”. Three proposals to legally mute the SGP are examined in this article. The Open Method of Coordination is used as a useful model that could be followed from now on in the EU fiscal field. The gains in terms of legal credibility would argue in favour of the muting of the SGP and its correlative conversion into an OMC-like system.\",\"PeriodicalId\":52109,\"journal\":{\"name\":\"Cambridge Yearbook of European Legal Studies\",\"volume\":\"23 1\",\"pages\":\"73 - 90\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-11-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Cambridge Yearbook of European Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/cel.2021.6\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Cambridge Yearbook of European Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/cel.2021.6","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"Social Sciences","Score":null,"Total":0}
Abstract This article proposes the “muting” of the SGP, the framework of rules that the EU has implemented since the coming into being of the European Monetary Union in the fiscal domain. It is argued herein that the system is far from being credible, from the perspective of the law-as-credibility paradigm. Therefore, the legal condition of the SGP should be “muted”. Three proposals to legally mute the SGP are examined in this article. The Open Method of Coordination is used as a useful model that could be followed from now on in the EU fiscal field. The gains in terms of legal credibility would argue in favour of the muting of the SGP and its correlative conversion into an OMC-like system.
期刊介绍:
The Cambridge Yearbook of European Legal Studies (CYELS) offers authors and readers a space for sustained reflection and conversation about the challenges facing Europe and the diverse legal contexts in which those challenges are addressed. It identifies European Legal Studies as a broad field of legal enquiry encompassing not only European Union law but also the law emanating from the Council of Europe; comparative European public and private law; and national law in its interaction with European legal sources. The Yearbook is a publication of the Centre for European Legal Studies, Faculty of Law, University of Cambridge.