Bulletin n. 1-2/2014
November 2014
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Michele Messina
    Strengthening economic governance of the European Union through enhanced cooperation: a still possible, but already missed, opportunity
    in European Law Review , vol. 39, issue 3 ,  2014 ,  404-417
    This article evaluates the Treaty establishing the European Stability Mechanism ( ESM) and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG) from the perspective of protection of the integrity and unity of the European integration process. It is argued that the objectives of those two Treaties could have been pursued within the EU legal order under the pre-existing legal framework. For the ESM, the analysis highlights the inconsistent behaviour of the euro zone members, who stipulated an international treaty while revising art.136 TFEU to introduce a specific EU legal basis for the ESM. It is then argued that the ESM could have most probably been established within the Union system even in the absence of the revision of the EU Treaties. As for the TSCG, the instruments available for the incorporation of its content into the EU legal order are analysed to assess whether they could also have been used without resorting to an international treaty.
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