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The European Stability Mechanism before the Court of Justice of the European Union : Comments on the Pringle Case

By: de Lhoneux, Etienne.
Contributor(s): Vassilopoulos, Christos.
Material type: TextTextSeries: eBooks on Demand.SpringerBriefs in Law: Publisher: Dordrecht : Springer, 2013Description: 1 online resource (79 p.).ISBN: 9783319014784.Subject(s): European federation | European Union -- Europe, Eastern | European Union countries -- Foreign relations | Free trade -- European Union countriesGenre/Form: Electronic books.Additional physical formats: Print version:: The European Stability Mechanism before the Court of Justice of the European Union : Comments on the Pringle CaseDDC classification: 337.142 Online resources: Click here to view this ebook.
Contents:
The European Stability Mechanism Before the Court of Justice of the European Union; Contents; Abbreviations; 1 Introduction: Background; References; 2 The Jurisdiction of the Court; 2.1 The Interpretation of International Agreements Concluded Exclusively by The EU Member States; 2.2 The Review of the Validity of the Acts of the European Council in the Particular Context of the Simplified Revision Procedure as for Article 48 para 6 TEU; 2.3 Conclusion; References; 3 The Simplified Revision Procedure of Article 48 Para 6 TEU and the Possible Amendments of the EMU Framework
3.1 Amendments of Part III of the TFEU3.1.1 The formal requirements; 3.1.2 The substantial requirements: amendments not affecting other parts of the TFEU; 3.1.2.1 Non infringement of the rules governing the EU exclusive competence; 3.1.2.2 No alteration of the EU rules regarding; 3.2 The Condition not to Increase the Competences Conferred on the Union; 3.3 Conclusion; References; 4 The ESM Treaty and the European Law: A Necessary Coexistence; 4.1 The Conclusion of the ESM Treaty by the Member States and the Exclusive Nature of the EU Competences
4.1.1 The Conclusion of the ESM Treaty and the Monetary Pillar of the EMU4.1.2 The Conclusion of the ESM Treaty by the Member State and the Possibility to Affect Common Rules or Alter Their Scope; 4.2 The Conclusion of the ESM Treaty and the Economic Pillar of the EMU; 4.2.1 The ESM Treaty and the perimeter of economic policies coordination (Articles 2 para 3, 119-121 and 126 TFEU); 4.2.2 The ESM Treaty and the Assistance to a Member State (Article 122 TFEU); 4.2.3 The ESM Treaty and the Monetary Financing Prohibition (Article 123 TFEU)
4.2.4 The ESM Treaty and the No-Bail Out Clause (Article 125 TFEU)4.3 The Conclusion of the ESM Treaty and the Role Allocated by This Treaty to the EU Institutions (Article 13 TEU); 4.3.1 The Conclusion of the ESM Treaty and the Role Allocated to the Commission and the ECB in the ESM Framework; 4.3.2 The Conclusion of the ESM Treaty and the Role Allocated to the Court; 4.4 The ESM Treaty and the Charter; 4.5 Conclusion; References; 5 The Pringle Judgment and Future Perspectives; References
Summary: This book provides an analysis of the judgment of the Court of Justice of the European Union in the Pringle case. It focuses on the three main aspects of the ruling.  First, it examines the part of the judgment concerning the validity of the European Council Decision 2011/199 - adopted under the simplified revision procedure (Article 48(6) TEU) -  which provides for the possibility to establish a financial stability mechanism. Second, it  evaluates the new rules developed by the Court in order to interpret agreements concluded exclusively by the member states, such as the ESM Treaty. Third,
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The European Stability Mechanism Before the Court of Justice of the European Union; Contents; Abbreviations; 1 Introduction: Background; References; 2 The Jurisdiction of the Court; 2.1 The Interpretation of International Agreements Concluded Exclusively by The EU Member States; 2.2 The Review of the Validity of the Acts of the European Council in the Particular Context of the Simplified Revision Procedure as for Article 48 para 6 TEU; 2.3 Conclusion; References; 3 The Simplified Revision Procedure of Article 48 Para 6 TEU and the Possible Amendments of the EMU Framework

3.1 Amendments of Part III of the TFEU3.1.1 The formal requirements; 3.1.2 The substantial requirements: amendments not affecting other parts of the TFEU; 3.1.2.1 Non infringement of the rules governing the EU exclusive competence; 3.1.2.2 No alteration of the EU rules regarding; 3.2 The Condition not to Increase the Competences Conferred on the Union; 3.3 Conclusion; References; 4 The ESM Treaty and the European Law: A Necessary Coexistence; 4.1 The Conclusion of the ESM Treaty by the Member States and the Exclusive Nature of the EU Competences

4.1.1 The Conclusion of the ESM Treaty and the Monetary Pillar of the EMU4.1.2 The Conclusion of the ESM Treaty by the Member State and the Possibility to Affect Common Rules or Alter Their Scope; 4.2 The Conclusion of the ESM Treaty and the Economic Pillar of the EMU; 4.2.1 The ESM Treaty and the perimeter of economic policies coordination (Articles 2 para 3, 119-121 and 126 TFEU); 4.2.2 The ESM Treaty and the Assistance to a Member State (Article 122 TFEU); 4.2.3 The ESM Treaty and the Monetary Financing Prohibition (Article 123 TFEU)

4.2.4 The ESM Treaty and the No-Bail Out Clause (Article 125 TFEU)4.3 The Conclusion of the ESM Treaty and the Role Allocated by This Treaty to the EU Institutions (Article 13 TEU); 4.3.1 The Conclusion of the ESM Treaty and the Role Allocated to the Commission and the ECB in the ESM Framework; 4.3.2 The Conclusion of the ESM Treaty and the Role Allocated to the Court; 4.4 The ESM Treaty and the Charter; 4.5 Conclusion; References; 5 The Pringle Judgment and Future Perspectives; References

This book provides an analysis of the judgment of the Court of Justice of the European Union in the Pringle case. It focuses on the three main aspects of the ruling.  First, it examines the part of the judgment concerning the validity of the European Council Decision 2011/199 - adopted under the simplified revision procedure (Article 48(6) TEU) -  which provides for the possibility to establish a financial stability mechanism. Second, it  evaluates the new rules developed by the Court in order to interpret agreements concluded exclusively by the member states, such as the ESM Treaty. Third,

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