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The judicialisation of EMU politics: Resistance to the EU's new economic governance mechanisms at the domestic level
Author(s) -
SAURUGGER SABINE,
FONTAN CLEMENT
Publication year - 2019
Publication title -
european journal of political research
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 3.267
H-Index - 95
eISSN - 1475-6765
pISSN - 0304-4130
DOI - 10.1111/1475-6765.12322
Subject(s) - politics , salience (neuroscience) , debtor , political economy , creditor , european union , economic governance , economic and monetary union , political science , corporate governance , economics , law and economics , international economics , law , finance , debt , psychology , cognitive psychology
Courts are increasingly asked to deal with fundamental political disagreements in liberal democracies. Because of its political salience and the extent of its consequences, the crisis of the Economic and Monetary Union (EMU) has exposed such fundamental disagreements between and within its member states, which numerous plaintiffs have brought before domestic courts and the Court of Justice of the European Union (CJEU). This article analyses this judicialisation of the EMU crisis. Using a database on lawsuits introduced in all 28 member states with regard to crisis measures and the new EMU governance mechanisms introduced since 2010, the authors study which actors use the courts and under which circumstances. Based on a combination of judicialisation and political economy approaches, the article develops a series of assumptions on actors’ motivations in order to understand the reasons for judicialisation in debtor and creditor countries.

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