The focus of the chapter is the feasibility of the construction of the economic crisis that struck Europe in the last decade as a sort of new genus of constitutional emergency. Four main points have to be considered: first, the constitutional response to the economic emergency through the entrenchment of new emergency provisions (or by using already existing provisions) and their legitimacy; second, once the emergency concluded, the concrete possibility to restore, partially or completely, the status ante, in particular with respect to rights protection and, third, if this is not the case, how constitutionalism can react to the economic emergency; forth the theoretical possibility to equate economic crisis to the more traditional emergency situations and, if not, to face a sort of newgenus of emergencywith all its implications. The issue will be confronted at the EU and member states level.

Financial crisis as a new genus of constitutional emergency?

Elisa Bertolini
2020

Abstract

The focus of the chapter is the feasibility of the construction of the economic crisis that struck Europe in the last decade as a sort of new genus of constitutional emergency. Four main points have to be considered: first, the constitutional response to the economic emergency through the entrenchment of new emergency provisions (or by using already existing provisions) and their legitimacy; second, once the emergency concluded, the concrete possibility to restore, partially or completely, the status ante, in particular with respect to rights protection and, third, if this is not the case, how constitutionalism can react to the economic emergency; forth the theoretical possibility to equate economic crisis to the more traditional emergency situations and, if not, to face a sort of newgenus of emergencywith all its implications. The issue will be confronted at the EU and member states level.
2020
9783030489991
Albert, Richard; Roznai, Yaniv
Constitutionalism under extreme conditions : law, emergency, exception
Bertolini, Elisa
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11565/4031105
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