IDEAS home Printed from
MyIDEAS: Log in (now much improved!) to save this paper

Moving away from unanimity: Ratification of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union

Listed author(s):
  • Carlos Closa Montero
Registered author(s):

    The Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG) removes the unanimity requirement for entry into force. This innovation is possible because, technically, the TSCG I not an EU Treaty. It is not constructed as a reform of the EU Treaties following Article 48 which prescribes unanimity. So far, EU treaty revision is firmly locked in the unanimity requirement creating a Catch-22 situation: unanimity can only be removed unanimously. This, together with an adherence to a ‘strict construction’ in the interpretation of EU law and the relative absence of instances of ratification failures may explain the permanence of the requirement. As the basic rule of constitution-making, several criticisms can be launched against unanimity. This paper discusses the rule of unanimity in three parts: it presents, firstly, the origins and maintenance of the rule through the EU’s successive treaty reforms, as well as the theoretical alternatives proposed. The second part of the paper raises various arguments against unanimity: the factual outcome of the practice of unanimity, its effect on the model of constitutional rules of the Union, the issue of consent and the possibility of externalising the effects of unanimity. The third part presents and discusses the provisions in the existing draft on a reinforced economic union. The conclusion argues in favour of any rule short of unanimity, since its most important property will be to transform the dynamics of the ratification process.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL:
    File Function: Full text
    Download Restriction: no

    Paper provided by RECON in its series RECON Online Working Papers Series with number 38.

    in new window

    Date of creation: 15 Dec 2011
    Handle: RePEc:erp:reconx:p0120
    Contact details of provider: Web page:

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:erp:reconx:p0120. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Marit Eldholm)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.