Unionin oikeuden harmailla alueilla - pohdintaa fiskaalisen integraation oikeudellisista rajoista
Avainsanat:
EU, EMU, fiskaalinen integraatio, oikeudellinen neuvonanto, EU-tuomioistuinAbstrakti
In the grey zone of EU law – Some remarks on the legal limits of fiscal integration
The Next Generation EU package makes several fundamental changes to the key operating principles of the EU – changes that before the pandemic were considered legally impossible. This illustrates how EU law increasingly changes through new interpretations rather than formal Treaty changes. This, in turn, has consequences for the intensity of democratic scrutiny, including public analysis of the risks and consequences of change. These developments are of a particular importance in view of the reluctance of the European Court of Justice to engage in substantive review of decisions taken on the high political sphere, irrespective of the legal creativity displayed in such decisions, and in view of the increasing tension between the ECJ and national constitutional bodies in situations when the EU institutions operate in legal grey zones. Building on the author’s data set of 63 interviews with legal advisers and policymakers in the EU, this article illustrates the interpretative turn in EU development and assesses the consequences of this turn for the EU as a legal community.
