Constitutional Reflections and Crisis Rumination

Abstract:

The crises have brought about a variety of responses from the European Union (EU). Here are some legal reflections and ruminations on the wider context. Two sets of trends may be perceived, both pulling in different directions. There is a greater reliance on instruments outside of EU law proper and a larger role for the Member States acting collectively ('inter-governmentalism') versus an increased role for the Commission and the ECB, which may be described as a more 'federal' or 'integrationist' element in crisis response. And there is both more and less transparency in the legal instruments and their judicial review by EU and State courts.