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The constitutional implications of the Eurozone crisis and the case of Cyprus: How judicial review constitutionalises a scrutiny lacuna

Zivanaris, Michalis (2020) The constitutional implications of the Eurozone crisis and the case of Cyprus: How judicial review constitutionalises a scrutiny lacuna. Doctor of Philosophy (PhD) thesis, University of Kent,. (KAR id:84454)

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Abstract

Despite its economic origins, the Eurozone crisis triggered an equally significant constitutional moment as Eurozone members and European institutions abandoned existing channels of intergovernmental cooperation and Community decision-making, in favour of informal ad-hoc means of coordination between them. The turn to executivism and informality challenged Europe's constitutional settlement, forcing European legal scholarship to investigate the broader constitutional significance of the Eurozone crisis. Operating within this moment of reflection, the aim of this thesis is to investigate the constitutional implications of the Eurozone crisis and to assess the wider constitutional significance of this moment.

Drawing on critical literature conceptualising the political economy of constitutionalism beyond the state, the thesis positions institutional development within the ongoing relationship between neoliberalism and European constitutional law. One of the central elements of neoliberal political economic thought, as identified by the thesis, is the separation and insulation of economic decision-making from political interference - what I term as a scrutiny lacuna. By tracing the separation and insulation of economic decision-making in the gradual development of European constitutionalism, I consider the constitutional implications of institutional development and assess the exercise of judicial oversight during the crisis. Through the scope of a political economy of constitutionalism, I argue that during the crisis we can observe the creation and constitutionalisation of a scrutiny lacuna, thus resolving any conflict between opposing constitutional objectives operating within European constitutionalism prior to the Eurozone crisis.

Item Type: Thesis (Doctor of Philosophy (PhD))
Thesis advisor: Bedford, Kate
Thesis advisor: Casey, Donal
Uncontrolled keywords: European Constitutional Law; Eurozone Crisis; Cyprus; Eurogroup; Institutional Development; Political Economy; Neoliberalism; European Court of Justice; Supreme Court of Cyprus; Economic Crisis
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
SWORD Depositor: System Moodle
Depositing User: System Moodle
Date Deposited: 25 Nov 2020 16:10 UTC
Last Modified: 16 Feb 2021 14:16 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/84454 (The current URI for this page, for reference purposes)
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