Pravni aspekat Ugovora o stabilnosti, koordinaciji i upravlјanju u Ekonomskoj i monetarnoj uniji

Ćeranić, Jelena (2012) Pravni aspekat Ugovora o stabilnosti, koordinaciji i upravlјanju u Ekonomskoj i monetarnoj uniji. Pravni život (12). pp. 461-476. ISSN 0350-0500

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Abstract

The paper deals with the legal aspects of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (known as a Fiscal Compact Treaty) formally agreed and signed by twenty five EU Member States at the European Council on 1-2 March 2012. The United Kingdom and the Czech Republic declined to participate in the treaty, although the second one held open the possibility of singing the treaty at the later date. After introductory notes with regard to the euro crisis and the circumstances under which the treaty was signed, the first part of the article is dedicated to the relationship between the treaty and EU law. In the second part different legal issues are discussed: the legal nature of the treaty (wheather this treaty is a legal monster), the flexibility and differentiation which result from this text and the ratification of the treaty. In the third part of the article, the author examines whether it is lawful to attribute the new tasks to EU institutions by the treaty. The special attention is paid to the role of the EU Court of Justice and European Commission under the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union.

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