The Choice for Europe since Maastricht – Legal Analysis
The members of the legal team in the MS will investigate the legal, in particular constitutional, pre-conditions for deeper fiscal and monetary integration that might have an impact on the development of positions in all 28 MS. This exercise is undertaken from the negotiation phase of the Maastricht Treaty to date.
Among others, the following questions will be submitted to scrutiny:
- Constitutional foundations for EU measures in the field of EMU: Are there specific constitutional provisions on EU membership, membership in the EMU, treaty amendments, judicial and political control of EMU-related measures?
- Significance of the Constitution in the legal system and its importance for the polity, aiming at identifying the relevance of the constitution in the development of pertinent preferences in the MS. This may include the role of the constitution in the pertinent political debate.
- Constitutional limits to fiscal integration: Are EMU related measures subject to a sovereignty reserve? Limits to the (further) transfer of powers to the EU through Treaty amendments; limits to ‘European Integration outside the EU legal order’, e.g. ESM, Fiscal Compact
- Constitutional rules and/or practice on implementing EU law: Binding (parliamentary or governmental) resolutions for the Ministers in the Council? Participation of the national parliament in secondary law making (esp. according to the Protocol on subsidiarity). Techniques of implementing secondary legislation, especially of directives: laws, administrative regulations, others.Institutions and mechanisms of scrutinizing fiscal integration measures and the role of the players in the process.
- Resulting relationship between pertinent EU law and national law.