Judicially-Backed Mutation: Practices at the Legal Frontiers of the Eurozone Crisis

Research output: Chapter in Book/Report/Conference proceedingBook chapterResearchpeer-review

Standard

Judicially-Backed Mutation : Practices at the Legal Frontiers of the Eurozone Crisis. / Haagensen, Nicholas.

Researching the European Court of Justice: Methodological Shifts and Law's Embeddedness. ed. / Mikael Rask Madsen; Fernanda G. Nicola; Antoine Vauchez. Cambridge University Press, 2022. p. 286 - 313.

Research output: Chapter in Book/Report/Conference proceedingBook chapterResearchpeer-review

Harvard

Haagensen, N 2022, Judicially-Backed Mutation: Practices at the Legal Frontiers of the Eurozone Crisis. in MR Madsen, FG Nicola & A Vauchez (eds), Researching the European Court of Justice: Methodological Shifts and Law's Embeddedness. Cambridge University Press, pp. 286 - 313. https://doi.org/10.1017/9781009049818.015

APA

Haagensen, N. (2022). Judicially-Backed Mutation: Practices at the Legal Frontiers of the Eurozone Crisis. In M. R. Madsen, F. G. Nicola, & A. Vauchez (Eds.), Researching the European Court of Justice: Methodological Shifts and Law's Embeddedness (pp. 286 - 313). Cambridge University Press. https://doi.org/10.1017/9781009049818.015

Vancouver

Haagensen N. Judicially-Backed Mutation: Practices at the Legal Frontiers of the Eurozone Crisis. In Madsen MR, Nicola FG, Vauchez A, editors, Researching the European Court of Justice: Methodological Shifts and Law's Embeddedness. Cambridge University Press. 2022. p. 286 - 313 https://doi.org/10.1017/9781009049818.015

Author

Haagensen, Nicholas. / Judicially-Backed Mutation : Practices at the Legal Frontiers of the Eurozone Crisis. Researching the European Court of Justice: Methodological Shifts and Law's Embeddedness. editor / Mikael Rask Madsen ; Fernanda G. Nicola ; Antoine Vauchez. Cambridge University Press, 2022. pp. 286 - 313

Bibtex

@inbook{abc7e76dbea1405f9ec8854aad7aa56c,
title = "Judicially-Backed Mutation: Practices at the Legal Frontiers of the Eurozone Crisis",
abstract = "In his chapter Nicholas Haagensen seeks to articulate the processes of legal construction and elaboration in a novel area of EU financial and monetary law. Using qualitative methods, he explains how EU lawyers, first, built a novel legal structure – the European Stability Mechanism (ESM) – during the Eurozone crisis in the years 2010 to 2012, and second, how they defended their construction before the CJEU. While attempting to resolve the legal tensions arising between the EU legal order and the ESM legal framework, the CJEU backed the mutation of Europe{\textquoteright}s Economic and Monetary Union (EMU) with its ruling in the Pringle judgement. The establishment of the ESM – an international financial institution – outside EMU, while still being intimately connected to the EU legal order, instigated a mutation of EMU through the introduction of international law modalities into its EU law foundations. Drawing on interviews with lawyers from the European Commission, the Council, the European Parliament and the ECB, as well as the legal observations of all the parties to the Pringle case, the chapter explains and maps the process of legal construction and elaboration of changes to the EMU legal structure.",
author = "Nicholas Haagensen",
year = "2022",
doi = "10.1017/9781009049818.015",
language = "English",
pages = "286 -- 313",
editor = "Madsen, {Mikael Rask} and Nicola, {Fernanda G.} and Antoine Vauchez",
booktitle = "Researching the European Court of Justice",
publisher = "Cambridge University Press",
address = "United Kingdom",

}

RIS

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T2 - Practices at the Legal Frontiers of the Eurozone Crisis

AU - Haagensen, Nicholas

PY - 2022

Y1 - 2022

N2 - In his chapter Nicholas Haagensen seeks to articulate the processes of legal construction and elaboration in a novel area of EU financial and monetary law. Using qualitative methods, he explains how EU lawyers, first, built a novel legal structure – the European Stability Mechanism (ESM) – during the Eurozone crisis in the years 2010 to 2012, and second, how they defended their construction before the CJEU. While attempting to resolve the legal tensions arising between the EU legal order and the ESM legal framework, the CJEU backed the mutation of Europe’s Economic and Monetary Union (EMU) with its ruling in the Pringle judgement. The establishment of the ESM – an international financial institution – outside EMU, while still being intimately connected to the EU legal order, instigated a mutation of EMU through the introduction of international law modalities into its EU law foundations. Drawing on interviews with lawyers from the European Commission, the Council, the European Parliament and the ECB, as well as the legal observations of all the parties to the Pringle case, the chapter explains and maps the process of legal construction and elaboration of changes to the EMU legal structure.

AB - In his chapter Nicholas Haagensen seeks to articulate the processes of legal construction and elaboration in a novel area of EU financial and monetary law. Using qualitative methods, he explains how EU lawyers, first, built a novel legal structure – the European Stability Mechanism (ESM) – during the Eurozone crisis in the years 2010 to 2012, and second, how they defended their construction before the CJEU. While attempting to resolve the legal tensions arising between the EU legal order and the ESM legal framework, the CJEU backed the mutation of Europe’s Economic and Monetary Union (EMU) with its ruling in the Pringle judgement. The establishment of the ESM – an international financial institution – outside EMU, while still being intimately connected to the EU legal order, instigated a mutation of EMU through the introduction of international law modalities into its EU law foundations. Drawing on interviews with lawyers from the European Commission, the Council, the European Parliament and the ECB, as well as the legal observations of all the parties to the Pringle case, the chapter explains and maps the process of legal construction and elaboration of changes to the EMU legal structure.

U2 - 10.1017/9781009049818.015

DO - 10.1017/9781009049818.015

M3 - Book chapter

SP - 286

EP - 313

BT - Researching the European Court of Justice

A2 - Madsen, Mikael Rask

A2 - Nicola, Fernanda G.

A2 - Vauchez, Antoine

PB - Cambridge University Press

ER -

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