The Metamorphosis of the European Economic Constitution
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The Metamorphosis of the European Economic Constitution

Edited by Herwig C.H. Hofmann, Katerina Pantazatou and Giovanni Zaccaroni

Demonstrating the ways in which the micro and macro-economic constitutions of Europe have reacted to legal measures enacted to counter the economic crisis of the past decade, this innovative book takes an interdisciplinary approach in its attempt to understand and portray the metamorphosis of the European Economic Constitution. It contains contributions from leading scholars and experts in European economic law, discussing the challenges, solutions found, problems arising and possible approaches to embed the economic constitution in the broader constitutional framework of the EU.
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Chapter 9: In conditionality we trust: what scope for conditionality in the emerging European Economic Constitution?

Viorica Viță


In the aftermath of 2008 economic crisis and the 2013 EU budgetary reform, EU budget conditionality emerges as a powerful EU governance tool, used by the EU to reinforce Member States’ commitments under the EU’s economic constitution. In this sense, the strengthened macroeconomic and ex-ante conditionality packages, as well as the novel conditionality policy thinking for the next financial period, suggest an increased conditioning of EU Funds as a lever to important EU economic governance objectives at the Member States level. While conditionality often proves a successful tool to achieve policy change and compliance, its increased use risks upsetting the EU’s most intimate constitutional commitments such as legality, equality between Member States and fundamental rights. This contribution argues that the successful use and operation of budget conditionality at the EU level must necessarily be counter-balanced against the EU’s underlying constitutional principles.

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