The European Stability Mechanism before the Court of Justice of the European Union

This book examines the first judgment concerning the main provisions of the economic pillar of the EMU. It explores the role of the European Union judicature in the field of the EMU.

This book provides an analysis of the judgment of the Court of Justice of the European Union in the Pringle case. It focuses on the three main aspects of the ruling. First, it examines the part of the judgment concerning the validity of the European Council Decision 2011/199 - adopted under the simplified revision procedure (Article 48(6) TEU) - which provides for the possibility to establish a financial stability mechanism. Second, it evaluates the new rules developed by the Court in order to interpret agreements concluded exclusively by the member states, such as the ESM Treaty. Third, it assesses the Court's interpretation of the main provisions of the so-called economic pillar of the Economic and Monetary Union and the fundamental rules provided for by the Treaties (nature of competence, financial assistance, institutional balance, judicial review charter of fundamental rights etc.) with regard to the ESM treaty provisions.

Introduction Background. - The Jurisdiction of the Court. - The Simplified Revision Procedure of Article 48 para. 6 TEU and the Possible Amendments of the EMU Framework. - The ESM Treaty and the European Law: a Necessary Coexistence. - Consequences of the Pringle Judgment and Future Perspectives.