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Pereat Iustitia, Fiat Mundus: What is Left of the European Economic Constitution after the OMT-Litigation?

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  • Christian Joerges

    () (University of Bremen - Faculty of Law; Hertie School of Governance)

Abstract

What kind of law are Germany’s Constitutional Court and the CJEU concerned with when they decide upon European and national powers in the realms of monetary, economic and fiscal policy? Is it still possible to identify some meta-legal conceptual basis for the ordering functions attributed to law in these fields? It seems that Europe’s responses to the financial crisis have no theoretical foundation, neither in some variety of economic liberalism, nor in some Keynesian counter-vision. Do we really have to leave it to ECB to define the notion of monetary policy and to then develop and use instruments to implement its decisions? With these queries, we do not insinuate that this lack of conceptual orientation can be attributed to some wilful disregard of well-founded legal commands. Instead, we submit that Europe is exposed to a state of emergency which has led to the restless search for new modes of crisis management which damage the integrity of law. Were the two dissenting judges of the 2nd Senate of the German Constitutional Court right with their suggestion that the Bundesverfassungsgericht (BVerfG) should dismiss the complaints of Peter Gauweiler and Others? Did their non possumus respect the law’s limits and therefore the law’s integrity? Or did instead the CJEU act as a good guardian of European constitutionalism through its de facto unconditioned legalisation of executive federalism?

Suggested Citation

  • Christian Joerges, 2015. "Pereat Iustitia, Fiat Mundus: What is Left of the European Economic Constitution after the OMT-Litigation?," ZenTra Working Papers in Transnational Studies 60 / 2015, ZenTra - Center for Transnational Studies, revised Nov 2015.
  • Handle: RePEc:zen:wpaper:60
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    1. Hallegatte, Stephane & Fay, Marianne & Vogt-Schilb, Adrien, 2013. "Green industrial policies : when and how," Policy Research Working Paper Series 6677, The World Bank.
    2. A. Lans Bovenberg & Lawrence H. Goulder, 2001. "Neutralizing the Adverse Industry Impacts of CO2 Abatement Policies: What Does It Cost?," NBER Chapters,in: Behavioral and Distributional Effects of Environmental Policy, pages 45-90 National Bureau of Economic Research, Inc.
    3. Böhringer, Christoph & Fischer, Carolyn & Rosendahl, Knut Einar, 2014. "Cost-effective unilateral climate policy design: Size matters," Journal of Environmental Economics and Management, Elsevier, vol. 67(3), pages 318-339.
    4. Boehringer Christoph & Fischer Carolyn & Rosendahl Knut Einar, 2010. "The Global Effects of Subglobal Climate Policies," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 10(2), pages 1-35, December.
    5. Böhringer, Christoph & Bye, Brita & Fæhn, Taran & Rosendahl, Knut Einar, 2012. "Alternative designs for tariffs on embodied carbon: A global cost-effectiveness analysis," Energy Economics, Elsevier, vol. 34(S2), pages 143-153.
    6. repec:zbw:hohpro:345 is not listed on IDEAS
    7. Fischer, Carolyn & Fox, Alan K., 2012. "Comparing policies to combat emissions leakage: Border carbon adjustments versus rebates," Journal of Environmental Economics and Management, Elsevier, vol. 64(2), pages 199-216.
    8. Christoph Böhringer & Andreas Lange, 2005. "Economic Implications of Alternative Allocation Schemes for Emission Allowances," Scandinavian Journal of Economics, Wiley Blackwell, vol. 107(3), pages 563-581, September.
    9. Bernard, Alain L. & Fischer, Carolyn & Fox, Alan K., 2007. "Is there a rationale for output-based rebating of environmental levies?," Resource and Energy Economics, Elsevier, vol. 29(2), pages 83-101, May.
    10. Dissou Yazid, 2006. "Efficiency and Sectoral Distributional Impacts of Output-Based Emissions Allowances in Canada," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 5(1), pages 1-33, September.
    11. Rivers, Nic, 2010. "Impacts of climate policy on the competitiveness of Canadian industry: How big and how to mitigate?," Energy Economics, Elsevier, vol. 32(5), pages 1092-1104, September.
    12. Nic Rivers & Mark Jaccard, 2010. "Intensity-Based Climate Change Policies in Canada," Canadian Public Policy, University of Toronto Press, vol. 36(4), pages 409-428, December.
    13. Edward J. Balistreri & Ayed Al-Qahtani & Carol A. Dahl, 2010. "Oil and Petroleum Product Armington Elasticities: A New-Geography-of-Trade Approach to Estimation," The Energy Journal, International Association for Energy Economics, vol. 0(Number 3), pages 167-180.
    14. Graham, Paul & Thorpe, Sally & Hogan, Lindsay, 1999. "Non-competitive market behaviour in the international coking coal market," Energy Economics, Elsevier, vol. 21(3), pages 195-212, June.
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    Cited by:

    1. Christian Kreuder-Sonnen, 2016. "Beyond Integration Theory: The (Anti-)Constitutional Dimension of European Crisis Governance," Journal of Common Market Studies, Wiley Blackwell, vol. 54(6), pages 1350-1366, November.

    More about this item

    Keywords

    OMT Reference of the German Constitutional Court; Gauweiler judgment of the CJEU; European Monetary Policy; national fiscal policy; Economic and Monetary Union; Economic Emergency; Europe; contestation and normalisation;

    JEL classification:

    • A14 - General Economics and Teaching - - General Economics - - - Sociology of Economics
    • B25 - Schools of Economic Thought and Methodology - - History of Economic Thought since 1925 - - - Historical; Institutional; Evolutionary; Austrian; Stockholm School
    • E58 - Macroeconomics and Monetary Economics - - Monetary Policy, Central Banking, and the Supply of Money and Credit - - - Central Banks and Their Policies

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