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Beyond the CrisisThe Governance of Europe's Economic, Political and Legal Transformation$
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Mark Dawson, Henrik Enderlein, and Christian Joerges

Print publication date: 2015

Print ISBN-13: 9780198752868

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198752868.001.0001

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The Role of Courts in the Wake of the Eurozone Crisis

The Role of Courts in the Wake of the Eurozone Crisis

(p.112) 8 The Role of Courts in the Wake of the Eurozone Crisis
Beyond the Crisis

Alicia Hinarejos

Oxford University Press

The sovereign debt crisis has caused significant changes in the architecture of economic and monetary union and its constitutional underpinnings, and it has unleashed a broad debate on the future of European integration. This chapter analyses the different ways in which both the Court of Justice of the EU and certain national courts have been involved in the judicial review of post-crisis legal developments. Despite the significance of these developments, both EU and national courts have shown deference to the political process, to varying degrees. This degree of restraint is both problematic and hardly surprising, and it comes as a response to a different set of challenges in each category of cases. The chapter critically analyses the role played by the Court of Justice and national courts so far, and provides an overview of the challenges ahead.

Keywords:   sovereign debt crisis, economic and monetary union, Court of Justice of the European Union, national courts, judicial review, deference, political process

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