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    An exercise in legal honesty: rewriting the court of justice and the Bundesverfassungsgericht

    Everson, Michelle (2015) An exercise in legal honesty: rewriting the court of justice and the Bundesverfassungsgericht. European Law Journal 21 (4), pp. 474-499. ISSN 1351-5993.

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    Abstract

    This article contains an urgent plea for the re-establishment of legal honesty in Europe. European law is a victim of European economic crisis. The emergence of the concept of conditionality within national and European jurisprudence, or the judicial imposition of a market discipline upon national budgets, is also a part of a chronicle foretold given in the face of the volatile power of international finance markets. Yet, in rewriting the judgements given by the Court of Justice in the case of Thomas Pringle and by the German Constitutional Court in its matching jurisprudence on the European Stability Mechanism, this article seeks to overcome the destruction of constitutionality within Europe, the foreclosure of a European space for the politics of alternatives and the condemning of individual Europeans to lasting suffering within a perpetual austerity regime.

    Metadata

    Item Type: Article
    School: Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School
    Research Centres and Institutes: Innovation Management Research, Birkbeck Centre for
    Depositing User: Administrator
    Date Deposited: 23 Sep 2015 12:44
    Last Modified: 02 Aug 2023 17:18
    URI: https://eprints.bbk.ac.uk/id/eprint/12731

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