'A Missing Piece of European Emergency Law: Legal Certainty and Individuals' Expectations in the EU Response to the Crisis'. (18th August 2016)

• Record Type: Journal Article
• Authors: Martín Rodríguez, Pablo
• Is Part Of: European constitutional law review. Volume 12:Number 2(2016)
• Page Start: 265
• Page End: 293
• Publication Date: 2016-08-18
• Subjects: financial crisis, -- European Union; Constitutional law -- European Union countries -- Periodicals; 342.4
• DOI: 10.1017/S1574019616000158
• Languages: English
• ISSNs: 1574-0196

Abstract

Abstract : The principle of legal certainty and legitimate expectations as a legal tool for individuals in EU law – the mixed nature of EU emergency law: the 'conferral principle' limitation and the ways to expand executive powers in the EU response to the crisis ( Pringle, ESMA, BPP, OMT ) – the existence of legal certainty failures in that response: unpredictable and disjointed legislation and adjudication – arguments blurring legal certainty as the standard of review for EU emergency law: conditionality, international law and indirect legislation – the self-restraint attitude of the European Court of Justice and the risks of leaving litigation under the sole remit of national courts: normalising emergency powers and EU law autonomy at stake