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EU-EURO: Statewatch Analysis: The euro area: Comments on the EU Summit meeting 9 December 2011 (pdf) by Professor Steve Peers, University of Essex

01 December 2011

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EU-EURO: Statewatch Analysis: The euro area: Comments on the EU Summit meeting 9 December 2011 (pdf) by Professor Steve Peers, University of Essex:

"The obvious question arises how a treaty between some Member States can use the EU institutions. Note that the statement refers to the Commission, the Council and the Court of Justice, but not the European Parliament (EP). The Court of Justice has ruled that Member States, acting collectively, can entrust tasks to the EU institutions, but it is not clear that the same is true if only some Member States take this route," and:

"The question also arises whether a group of Member States, even if they can use the EU institutions, can require the EU institutions to take steps which conflict with rules in the Treaties – ie the Treaties specify that the Court of Justice has no jurisdiction as regards the excessive deficit procedure, and the Council and Commission have specified roles in that procedure. The adoption or application of such a treaty could potentially be challenged by means of legal actions against the EU institutions and/or the participating Member States for breaching EU law."

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