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from Part II
Published online by Cambridge University Press: 07 April 2022
Chapter 6 examines whether the instruments of conditional financial assistance enacted since the crisis are genuinely reconcilable with the boundaries of EMU inscribed in the Treaties as a matter of EU law. This is necessary because the text of the Treaty is but the litmus paper for determining whether a legal instrument coheres with much deeper constitutional boundaries underlying the EU legal order. It concludes, unavoidably, that conditional financial assistance under Article 136(3) TFEU and the ESM is simply not reconcilable with the legal architecture in the treaties under the analytical framework developed by the ECJ. This emerges from an analysis of the allocation of competences (within which it does not together sit) and the substantive provisions of Articles 121-126 TFEU (to which it does not adhere). This provides the first testable indication that the emerging new model is incompatible with much deeper the boundaries underlying the EU legal order.
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