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Constitutional Transformations at the Edge of a Bail-Out
Samo Bardutzky
其他書名
The Impact of the Economic Crisis on the Legal and Institutional Structures in Slovenia
出版
SSRN
, 2017
URL
http://books.google.com.hk/books?id=WpP8zgEACAAJ&hl=&source=gbs_api
註釋
This paper observes the constitutional transformations that took place in the Slovenian constitutional system during and as a consequence of the financial crisis. The discussion begins by a brief account of the economic crisis in Slovenia and an overview of the specificities of the Slovenian constitutional system, relevant for the developments in the crisis. It then addresses five different issues: first, the European Financial Stability Facility (EFSF) and the Slovenian Constitutional Court case that dealt with the constitutionality of domestic legislation required for the participation of Slovenia in the EFSF. Second, the paper addresses the way in which the constitutional law on direct democracy has transformed in the crisis. Third, the introduction of the fiscal rule in the Constitution. Fourth, Council recommendations in EMU Governance (recommendations in the excessive deficit procedure and recommendations for the prevention of macroeconomic imbalances) and their position in the national legal and constitutional system. Finally, the paper discusses the reference for a preliminary ruling from the Constitutional Court in the Kotnik case, related to the Commission's 2013 Banking Communication.