
Contents
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Setting the Scene Setting the Scene
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Review by National Courts in Lender States: The Bundesverfassungsgericht Review by National Courts in Lender States: The Bundesverfassungsgericht
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The Ruling on the Greek Loan Facility and the EFSF Framework Agreement The Ruling on the Greek Loan Facility and the EFSF Framework Agreement
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The Ruling on the ESM Treaty and the Fiscal Compact The Ruling on the ESM Treaty and the Fiscal Compact
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ECB Measures to Meet the Crisis: Outright Monetary Transactions and Quantitative Easing ECB Measures to Meet the Crisis: Outright Monetary Transactions and Quantitative Easing
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Other Judgments in Lender States Other Judgments in Lender States
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Review by National Courts in Borrower States: The Greek Council of State Review by National Courts in Borrower States: The Greek Council of State
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The Legal Pedigree of the Contested Measures The Legal Pedigree of the Contested Measures
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Social Rights Adjudication and the Economic Crisis Social Rights Adjudication and the Economic Crisis
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The case concerning the salary and pension cuts on members of the police and armed forces The case concerning the salary and pension cuts on members of the police and armed forces
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The PSI case The PSI case
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The cases concerning pension cuts The cases concerning pension cuts
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Other cases Other cases
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Review by Other National, Supranational, and International Courts or Bodies Review by Other National, Supranational, and International Courts or Bodies
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Addendum: Protecting Human Rights in Times of Economic Crisis Addendum: Protecting Human Rights in Times of Economic Crisis
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Conclusion Conclusion
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7 Judicial Review of Economic (and Monetary) Policy: The National Courts
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Published:April 2020
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Abstract
This chapter examines the jurisprudence of national courts on crisis-related measures. The material presented in this chapter will be divided into two parts. First, this chapter will examine some of the most important judgments delivered by courts in lender states during the Euro crisis, the emphasis being on the jurisprudence of the German Federal Constitutional Court. These cases primarily focus on the effects of financial assistance mechanisms and revised EU fiscal governance rules on the principle of democracy, parliamentary prerogatives, and national budgetary powers. A further strand of case law focuses on the measures adopted by the European Central Bank. Second, this chapter will look at review by national courts in borrower states, the principal focus being on social challenges brought by austerity-hit litigants in Greece. The comparative analysis sheds light on the different types of challenge facing courts in borrower and lender states, as well as the different starting points and the subtle differences in the reasoning provided by courts in their judgments. As regards borrower states in particular, the twin challenge is to examine to what extent litigants had any success in challenging in national courts the bailout conditions; and the extent to which arguments about civil or socio-economic rights had purchase at national level. The chapter further looks at review by national courts in other jurisdictions, as well as review by supranational and international courts or bodies. Last, it puts forward a number of ideas on fundamental rights adjudication in times of economic crisis.
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