Contribution to collective works (Parts of books)
Constitutive Powers and Justification: The Duty to Give Reasons in EU Monetary Policy
Mendes, Joana
2023In Dawson, Mark; Bobic, Ana (Eds.) Substantive Accountability in Europe’s New Economic Governance
Peer reviewed
 

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Keywords :
monetary policy; judicial review; accountability; duty to give reasons; EU law
Abstract :
[en] The transformation of the ECB powers in the last decade opened fundamental questions pertaining to the judicial review of monetary policy decisions and, more deeply, to the role of law in the government of money. This chapter characterizes the powers of the ECB as constitutive and traced in this constitutive nature the roots for the difficulties of judicial review over monetary policy decisions. It argues that constitutive powers justify a shift in understanding the role of law in relation to the action of executive bodies. Law can and must operate in the absence (or irrespective) of judicial review, and support accountability outside of the courtroom. This last point is demonstrated through the analysis of the legal and constitutional scope of the duty to give reasons in EU law
Disciplines :
European & international law
Author, co-author :
Mendes, Joana ;  University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL)
External co-authors :
no
Language :
English
Title :
Constitutive Powers and Justification: The Duty to Give Reasons in EU Monetary Policy
Publication date :
2023
Main work title :
Substantive Accountability in Europe’s New Economic Governance
Author, co-author :
Dawson, Mark
Bobic, Ana
Publisher :
Cambridge University Press
Pages :
288-316
Peer reviewed :
Peer reviewed
Focus Area :
Law / European Law
Available on ORBilu :
since 21 December 2022

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