Bulletin n. 2/2016 | ||
December 2016 | ||
Idoux Pascale |
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Les garanties des etats participant ou non a l'Union bancaire et au "pacte budgetaire" | ||
in Revue européenne de droit public , vol. 28, no 1 , 2016 | ||
The topic of guarantees from States participating or not in the Banking Union is vast and ambiguous, since one's guarantees can be perceived as risks for others, as evidenced by the enhancement of the economic governance at the European level. It is, however, possible to give a full picture by making a distinction between preventive guarantees (rules of competence, rules of procedure and substantive rules) and remedial guarantees against potential infringements on the interests of Member States (the right of access to the courts, accountability and disengagement). Although safeguarding the States' consent remains, of course, an essential guarantee, it is not always realistic, and therefore other ways, namely a furthering of the accountability procedures, should be further exploited. | ||