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Murswiek

Die Eurokrise vor dem Bundesverfassungsgericht

"Euro-Rettungsschirm", Europäischer Stabilitätsmechanismus und Rettungsmaßnahmen der EZB
Dokumentation der Schriftsätze und systematische Einführung
Nomos,  2016, 726 Pages

ISBN 978-3-8487-1964-8


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The work is part of the series Studien und Materialien zur Verfassungsgerichtsbarkeit (Volume 114)
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englischDoes the “Euro rescue” endanger democracy? Dietrich Murswiek presents his pleadings from the proceedings against the rescue policy. This is contemporary constitutional and European law in pleading form.

Will the rescue policy lead to the collapse of the foundational pillars upon which the stability architecture of the monetary union rests? Is the budgetary sovereignty of the Bundestag impaired by international liability mechanisms as well as by the assumption of indeterminable budgetary risks? Is the ECB overstepping its mandate for monetary policy with its programmes for purchasing government bonds of states in crisis? Does the ECB lack democratic legitimation for its policies? Is the European Stability Mechanism (ESM) compatible with the principle of democracy? Murswiek argues for democracy, against bureaucratic self-empowerment and for the liberal principle of interdependency of individual responsibility and liability. The book is a repository of arguments with respect to democratic legitimation in the European association of states.

»The merit of the authors repeated involvement in the various proceedings against EU crisis tools as legal representative is that he vigorously forced the BVerfG to tie its judgments to the fundamental democratic principle as the benchmark for any exercise or transfer of competences from the nation State to the EU. A leitmotif throughout his court submissions is the persistent reference to the twofold dimension of the democratic principle, combining substantive and procedural aspects... One may disagree with much of the authors generally very restrictive interpretation of EU competences and his extensive understanding of a nation-focused democratic principle. However, the merits of his contributions to the constitutional jurisprudence on EU law are beyond doubt. The BVerfGs case law [...]