Abstract
In current debate, it is frequently argued that EU law requires or facilitates the implementation of ‘downturn-austerity’, that is, spending cuts, wage deflation, and tax increases during an economic downturn. More specifically, this ‘thesis of the constitutionalization of downturn- austerity in Europe’ has two dimensions: a (narrow) normative and a (broader) causal one. The former holds that downturn-austerity is a legal obligation under EU law; the latter assumes that the European constitutional framework effects downturn-austerity without neces- sarily claiming a legal obligation. I will argue that the former is incorrect, and yet shapes the hegemonic understanding of EU law. I will maintain that the normative constitutionalization thesis should be understood as an ideological communication, which aims to cloak the significant distributive effects of the crisis measures with an unwar- ranted aura of legal necessity, political coherence, and academic legitimacy.
| Original language | English |
|---|---|
| Pages (from-to) | 32-55 |
| Number of pages | 24 |
| Journal | Journal of Law and Society |
| Volume | 44 |
| Issue number | 1 |
| Early online date | 3 Feb 2017 |
| DOIs | |
| Publication status | Published - Mar 2017 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
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