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The Constitutional Theory of the Federation and the European Union$
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Signe Rehling Larsen

Print publication date: 2021

Print ISBN-13: 9780198859260

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198859260.001.0001

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Emergency Rule without a Sovereign

Emergency Rule without a Sovereign

(p.148) 5 Emergency Rule without a Sovereign
The Constitutional Theory of the Federation and the European Union

Signe Rehling Larsen

Oxford University Press

This chapter is about constitutional defence and emergency politics in the federation. It shows that the government of the Eurozone crisis is a manifestation of federal emergency politics. This explains why the dominant theories of the ‘state of exception’, modelled on the political form of the state, do not apply to the EU. The chapter first develops a theory of federal constitutional defence based on the theory and praxis of the antebellum United States (the doctrine of states’ rights) and the nineteenth-century German Confederation (the theory of federal execution and federal intervention). On this basis, the chapter then analyses both ‘Euro-crisis law’ and the contestation of the emergency government of the Eurozone crisis by EU Member States, importantly the Gauweiler and Weiss cases. The chapter concludes with a discussion of the precariousness of federal emergency politics in general and the balance struck with the ‘Greek crisis’ in particular.

Keywords:   Emergency Europe, federal emergency politics, federal intervention, states’ rights, Euro-crisis law, state of exception, state of emergency, emergency politics, ‘Greek crisis’, Eurozone crisis

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