LEGAL ASPECTS OF THE TREATY ON STABILITY, COORDINATION AND GOVERNANCE IN THE ECONOMIC AND MONETARY UNION
Keywords:
European Union, euro area, Fiscal Compact, primary law, EU Treaties, economic and monetary union, coordination of economic policies, fiscal discipline, rule of balanced budgets, economic convergence, debt brake, excessive deficit procedureAbstract
The Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (“FiscalCompact”) was concluded by Heads of State or Government of 25 EU Member States in March 2012 asanother instrument the objective of which is strengthening the fiscal discipline and stabilization of the euroarea as a whole. Similar to the preceding initiative – the Euro Plus Pact – this treaty also envisages deeper coordinationof economic policies of the participating Member States. It is, however, a legally binding agreementin which not all EU Member States participate and which was concluded outside the framework of the EUlaw. The article deals with legal but to some extent also economic aspects of the Fiscal Compact and it focusesin particular on four problematic issues: 1) its relationship to EU law and ensuing obligations for the MemberStates; 2) the use of EU institutions for its implementation; 3) its relationship to the Czech Constitution andevaluation of its constitutional classification; 4) the question to what degree it changes the functioning ofthe economic and monetary union within the euro area.Downloads
Issue
Section
License
Copyright and originality of the offered manuscript
1. It is assumed that the manuscript offered has not been previously published. It is expected that the authors will inform the editorial board of TLQ if the entire manuscript, its parts or some relevant results have been previously published in a different publication at the level of an article in a reviewed scientific magazine or monograph. Should the editorial board of TLQ conclude that this condition was not fulfilled the review process may be terminated.
2. It is assumed that the submitted manuscript is an original academic work. If that is not the case the author needs to provide information regarding all circumstances that could raise doubts whether the manuscript is the outcome of original research.
3. By submitting the manuscript the author acknowledges that after the publication in The Lawyer Quarterly her/his work will be made available online to the Internet users and also kept by the Library of the Academy of Sciences of the Czech Republic. Author's rights to further use the work remain unabridged.