An Exercise in Legal Honesty: Rewriting the Court of Justice and the B undesverfassungsgericht

This article contains an urgent plea for the re‐establishment of legal honesty in E urope. European law is a victim of E uropean 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 C ourt of J ustice in the case of T homas P ringle and by the G erman C onstitutional C ourt in its matching jurisprudence on the E uropean S tability M echanism, this article seeks to overcome the destruction of constitutionality within E urope, the foreclosure of a E uropean space for the politics of alternatives and the condemning of individual Europeans to lasting suffering within a perpetual austerity regime.