Responsible judges or judging responsibilities? EU Court of Justice,
            <i>Bundesverfassungsgericht</i>
            and EU economic governance

Kinski, Lucy; Fromage, Diane; Blauberger, Michael

doi:10.1080/13501763.2023.2297807

Cited by 1 publication

(1 citation statement)

References 44 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Here, the ECB again consciously deployed its persuasive rhetorical power through ideas to legitimate its actions with a discourse that was largely welcomed without challenge-with the exception of the German Constitutional Court (Terpan and Saurugger 2020). Here, we can talk about different ideas about what was throughput legitimate, with in the end the Court of Justice of the EU ruling in the ECB's favor and against the German Constitutional Court's view (Kinski et al 2023), and thereby validating the ECB's throughput legitimacy.…”

Section: Fiscal Policiesmentioning

confidence: 99%

Power and legitimacy during emergency politics: a democratic audit of responses to the Covid-19 crisis

Schmidt

2024

Preprint

View full text Add to dashboard Cite

EU and member-state responses to the Covid-19 pandemic involved emergency politics in a number of domains, including a) lockdowns, border closures and movement restrictions; b) steps towards Health Union; and c) the suspension of the fiscal rules and creation of the Next Generation EU and the Resilience and Recovery Fund. These raised major theoretical questions about legitimacy and the exercise of executive power during emergencies. This paper answers such questions by first considering democratic legitimacy in ordinary times in terms of the quality of governing activities related to output performance, input politics, and throughput procedures, as operationalized in terms of the ‘democratic audit.’ It next discusses the processes and problems of democratic legitimation in the EU with regard to leaders’ discourses of policy coordination and political communication. It then explores the complications for legitimacy and legitimation from emergency politics, and refines the democratic audit to apply to emergency politics. It follows by exploring how the exercise of executive power—coercive, institutional, and ideational/discursive—affects legitimacy and legitimation in emergency politics. Finally, the paper uses these theoretical criteria in a democratic audit of the empirical cases of bordering, health, and fiscal policy through process tracing and discourse analysis. It finds that governing authorities for the most part successfully discursively legitimated their actions on the grounds that positive output performance made up for reductions in political input and procedural throughput.

show abstract

Section: Fiscal Policiesmentioning

confidence: 99%

Power and legitimacy during emergency politics: a democratic audit of responses to the Covid-19 crisis

Schmidt

2024

Preprint

View full text Add to dashboard Cite

show abstract

Responsible judges or judging responsibilities? EU Court of Justice, Bundesverfassungsgericht and EU economic governance

Cited by 1 publication

References 44 publications

Power and legitimacy during emergency politics: a democratic audit of responses to the Covid-19 crisis

Power and legitimacy during emergency politics: a democratic audit of responses to the Covid-19 crisis

Contact Info

Product

Resources

About