Avoiding the Inappropriate: The European Commission and Sanctions under EU Fiscal Policy Coordination

Doctoral thesis (2022)

Since the beginning of the European Economic and Monetary Union, fiscal non-compliance has been subject to the potential imposition of sanctions. However, the extent to which punitive action should be ... [more ▼]

Since the beginning of the European Economic and Monetary Union, fiscal non-compliance has been subject to the potential imposition of sanctions. However, the extent to which punitive action should be automatic – rather than political – is a point of constant discussion among European Union decision-makers. The most recent reform of the Stability and Growth Pact, in the aftermath of the European Sovereign Debt Crisis, has attempted to make sanctions more automatic and has created the possibility to trigger them at earlier stages of the surveillance procedure. With this in mind, the reform has enhanced the powers and autonomy of the European Commission in the application of the new rules. Despite the reinforcement of punitive provisions, the Commission has so far refrained from proposing the imposition of sanctions. Against this background, this thesis aims to answer the question of how we can best explain that the European Commission does not propose financial sanctions because of Member State non-compliance with the Pact’s fiscal objectives. The thesis draws upon four post-crisis cases in which sanctions for fiscal non-compliance might have been imposed – Belgium in 2013, France in 2015, Portugal and Spain in 2016, and Italy in 2018. The thesis uses theory-testing process-tracing methods and applies an adaptation of normative institutionalism that takes into account strategic actor behaviour. Based on this theoretical and methodological framework, it is argued that the normative-strategic minimum enforcement mechanism explains the Commission’s behaviour. Given that the imposition of sanctions is perceived as inappropriate in the cases at hand, Commission actors strategically refrain from applying the enforcement provisions to their full extent. [less ▲]

Macroeconomic Conditionalities: Using the Controversial Link between EU Cohesion Policy and Economic Governance

in Journal of Contemporary European Research (2019), 15(2), 179-193

The reform of EU economic governance since the outbreak of the euro area crisis has not stopped at the borders of Economic and Monetary Union. With the introduction of macroeconomic conditionalities in ... [more ▼]

The reform of EU economic governance since the outbreak of the euro area crisis has not stopped at the borders of Economic and Monetary Union. With the introduction of macroeconomic conditionalities in all European Structural and Investment Funds (ESIF), EU cohesion policy is now closely linked to the Stability and Growth Pact. The European Commission is expected to propose the suspension of ESIF funding in case of non-compliance with the Excessive Deficit Procedure. This article focuses on Portugal and Spain, which were nearly sanctioned under the macroeconomic conditionalities in 2016. It will address the question of why the application of this sanctioning procedure was softened compared to the hardness of its legal provisions. Drawing on the ‘usage of Europe’ approach and on the concepts of hard and soft law, this article argues that the usage actors make of a procedure has an influence on its legal character at the enforcement stage. This article finds that the hard law character of the procedure was softened by the European Commission’s flexible application of the provisions and by the European Parliament’s strategic usage of the rules. [less ▲]

The future of federalism - intergovernmental financial relations in an age of austerity

in Regional and Federal Studies (2018), 28(1), 102-105