Books by Diane Fromage
Edited volume published by OUP: Defines EU membership and what distinguishes it from sole partici... more Edited volume published by OUP: Defines EU membership and what distinguishes it from sole participation (by third states) in EU policies
Offers an interdisciplinary take on EU membership and differentiation within the EU
Focuses on key policy areas, including 'special statuses' within the EU, non-Member States in which EU law is applied, and states under accession or secession procedures
The 'new' ECB - Taking stock and looking ahead, 2022
The European Central Bank (ECB) was first introduced in the European legal order on the occasion ... more The European Central Bank (ECB) was first introduced in the European legal order on the occasion of the Treaty of Maastricht (1992). An official EU institution which is governed by EU law, the ECB of modern times differs vastly from its inception in 1998, which manifests in three main ways: monetary policy options, consideration of concerns other than low inflation in its policy-making, and its role in the Banking Union.
This edited collection offers a retrospective and prospective account of the ECB, charting its evolution in detail with chapters written by leading academics and practitioners. Part 1 examines the substantive changes to monetary policy introduced by the ECB as a consequence of the financial and sovereign debt crisis by considering their legal basis. Part 2 moves beyond monetary policy by shifting to the new roles that the ECB has been called upon to play, notably in banking supervision and resolution. Parts 3 and 4 deal with transformations to inter- and intra-institutional relations, and take stock of these transformations, reflecting on the nature of the ECB of current times and which direction it could be heading in the future.
The authors analyse the most salient and controversial elements of the ECB's crisis response, including unconventional monetary policy measures and the ECB's risk management strategy. Beyond monetary policy, the book further examines the role played by objectives such as financial stability and environmental sustainability, the ECB's relationship to the Lender of Last Resort function, as well as its new responsibilities in the Banking Union.
This collection of contributions was prepared in honour of our dear colleague and (former) superv... more This collection of contributions was prepared in honour of our dear colleague and (former) supervisor, Jacques Ziller (also former Professor of the EU (1998-2007)). In these essays, those who were inspired by Jacques, or who have worked closely with him over the years, share their reflections and testimonies on issues of comparative and EU (administrative) law
Executive-Legislative (im)balance in the European Union, 2021
Ten years after the entry into force of the Lisbon Treaty, has executive predominance in EU-relat... more Ten years after the entry into force of the Lisbon Treaty, has executive predominance in EU-related matters disappeared? How have executive-legislative relations in the EU evolved over a crisis-ridden decade, from the financial and migration crises, to Brexit and the COVID-19 pandemic?
Edited volume
This book considers national parliaments’ and the European Parliament’s role in European Union (E... more This book considers national parliaments’ and the European Parliament’s role in European Union (EU) economic governance. It examines the recent strengthening of parliamentary involvement, limitations to improvements, and where and how democratic deficits still exist. It also provides the basis for some reflections concerning possible future evolutions and improvements to EU economic governance.
The EU’s economic governance framework has been significantly strengthened as a response to the 2008 economic and financial crisis, and the establishment of a new Banking Union in 2013. It is thus key to determine whether these additional transfers of powers to the EU level have been accompanied by an equivalent empowerment of the national and European legislatures, allowing them to ensure adequate democratic legitimation. The chapters comprehensively re-examine the democratic (throughput) legitimacy of, and within, the EU’s economic governance by focusing on national parliaments, on the European Parliament, and on mechanisms for interparliamentary cooperation.
This book was originally published as a special issue of the Journal of European Integration.
This edited volume (Palgrave, 2019) analyses how the UK parliament, but also the EU27 parliaments... more This edited volume (Palgrave, 2019) analyses how the UK parliament, but also the EU27 parliaments and the European Parliament have scrutinised the Brexit process. Citizens' participation is also considered.
In this book I perform an analysis on the British, French, German, Italian and Spanish parliament... more In this book I perform an analysis on the British, French, German, Italian and Spanish parliaments in the EU after the Lisbon Treaty.
The first part is devoted to their participation in EU affairs until 2009 in order to highlight to what extent the prerogatives the Treaty granted them has led to a change in their role. Special attention is granted to the relationship between Government and Parliament.
The Second part focuses exclusively on the Early Warning Mechanism. It shows to what extent the introduction of this new Mechanism has had positive effects on the parliamentary participation in EU affairs in general and how National parliaments have adapted to this challenge. The analysis concludes however on a more critical note as regards the sustainability of these positive changes, due, among others, to the way National parliaments have adapted or to how the EU institutions react.
Articles and Book chapters by Diane Fromage
Redefining EU Membership: Differentiation In and Outside the European Union, 2024
This chapter sets the background and the analytical framework for this edited volume, which aims ... more This chapter sets the background and the analytical framework for this edited volume, which aims at: (a) (re)defining membership in today’s EU and (b) at drawing a balance on the state of differentiated integration, while examining how it could and should continue to evolve in the future. Indeed, while EU membership could, at first sight, appear to be a straightforward concept to defined (art. 2 Treaty on Europpean Union), a closer examination reveals a myriad of nuances. Some EU states do not (fully) participate in all EU policies, while non-EU states sometimes participate in (some) EU policies indeed. Therefore, both internal and external differentiation exists within the EU and in its relationship to third states. Based on the analyses presented by the various contributors to this edited volume, it is posited that EU membership, though possibly a fuzzy concept if considered from a non-strictly legal perspective, still clearly differentiates Member States from third states. It is, however, contended that the EU may need to distinguish between full and associate members in the future, especially if new states join in the near future.
Maastricht Journal of European and Comparative Law, 2023
Maastricht Journal of European and Comparative Law, 2023
Over the years, the European Central Bank (ECB) has taken on new tasks in response to fresh chall... more Over the years, the European Central Bank (ECB) has taken on new tasks in response to fresh challenges, and its mandate has been interpreted in novel ways. This broader role for the ECBwhether it translates into a novel interpretation of its mandate, the creation of a new form of public money, more complex and discretionary decision-making, or the conferral of new taskshas brought greater scrutiny onto the ECB. This introduction and the contributions to this special issue focus squarely on the "new" or "modern" ECB. They examine its accountability across the range of tasks that it nowadays carries out, including its interinstitutional relationships with other actors in this area. Although the ECB has assumed a broader role than the one envisaged at the time of its creation, its accountability framework, which is by and large hardwired into the Treaties, has remained unchanged. It is argued that the expansion of the ECB's role and tasks must be accompanied by robust accountability and transparency arrangements. As the ECB pushes new frontiers in the future, those options to enhance accountability, transparency and legitimacy which are available within the existing Treaty framework should be pursued. This would also ensure that the ECB and other relevant authorities go far enough in meeting their objectives.
Journal of European Public Policy, 2023
The EU's response to the COVID-19 pandemic has renewed discussions on whether the gap between res... more The EU's response to the COVID-19 pandemic has renewed discussions on whether the gap between responsibility and responsiveness is, to some extent, constructed. This discussion only partly applies to courts, which are important in interpreting EU crisis responses. While judges do not rule in a political vacuum, it is not their main task to please public opinion. Even if they were to be influenced by changes in public mood, judges have little incentives to claim responsiveness in their judgments. By contrast, higher courts may be considered the epitome of responsibility since they are themselves bound by the law and entrusted to decide on conflicting responsibility claims of other actors. Hence, we ask how different courts interpret responsibilitytheir own and that of othersduring the Eurozone and the COVID-19 crises. We conduct a comparative analysis of responsibility claims in the jurisprudence of the EU Court of Justice (CoJ) and the German Federal Constitutional Court (FCC) at two crucial crisis moments. We find little evidence of judges claiming responsiveness, but important differences in the constructions of responsibility between the two courts and across crises. The gap between how the courts construct their shared responsibilities in EU economic governance has seemingly narrowed.
ECB Legal Conference , 2023
Le Conseil européen, le politique des politiques de l'Union européenne Aspects institutionnels et matériels, 2023
Substantive Accountability in Europe's New Economic Governance, 2023
The European Banking Union (EBU) launched in 2012 relies on a complex institutional architecture;... more The European Banking Union (EBU) launched in 2012 relies on a complex institutional architecture; that is, a series of EU institutions and bodies as well as national institutions are involved in its functioning. At the EU level, these include the European Central Bank (ECB) – which acts as the authority in charge of monetary and as banking supervisor, two EU agencies (the Single Resolution Board and the European Banking Authority), as well as the European Commission. This chapter examines the existing accountability mechanisms vis-à-vis each of these institutions and bodies with a view to determining whether any accountability gaps exist. To this end, it first maps these mechanisms and analyses how they have been used to date. It finds that the mechanisms have been used indeed, but that some shortcomings exist in the existing institutional framework. It therefore proposes some reforms to improve the existing situation.
EU Law Live - WE edition, 2023
EU Law Live WE edition, 2023
Weeekend Edition EU Law Live, 2023
EU Law Live WE edition, 2023
Collection of papers dealing with current issues in EMU
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Books by Diane Fromage
Offers an interdisciplinary take on EU membership and differentiation within the EU
Focuses on key policy areas, including 'special statuses' within the EU, non-Member States in which EU law is applied, and states under accession or secession procedures
This edited collection offers a retrospective and prospective account of the ECB, charting its evolution in detail with chapters written by leading academics and practitioners. Part 1 examines the substantive changes to monetary policy introduced by the ECB as a consequence of the financial and sovereign debt crisis by considering their legal basis. Part 2 moves beyond monetary policy by shifting to the new roles that the ECB has been called upon to play, notably in banking supervision and resolution. Parts 3 and 4 deal with transformations to inter- and intra-institutional relations, and take stock of these transformations, reflecting on the nature of the ECB of current times and which direction it could be heading in the future.
The authors analyse the most salient and controversial elements of the ECB's crisis response, including unconventional monetary policy measures and the ECB's risk management strategy. Beyond monetary policy, the book further examines the role played by objectives such as financial stability and environmental sustainability, the ECB's relationship to the Lender of Last Resort function, as well as its new responsibilities in the Banking Union.
Edited volume
The EU’s economic governance framework has been significantly strengthened as a response to the 2008 economic and financial crisis, and the establishment of a new Banking Union in 2013. It is thus key to determine whether these additional transfers of powers to the EU level have been accompanied by an equivalent empowerment of the national and European legislatures, allowing them to ensure adequate democratic legitimation. The chapters comprehensively re-examine the democratic (throughput) legitimacy of, and within, the EU’s economic governance by focusing on national parliaments, on the European Parliament, and on mechanisms for interparliamentary cooperation.
This book was originally published as a special issue of the Journal of European Integration.
The first part is devoted to their participation in EU affairs until 2009 in order to highlight to what extent the prerogatives the Treaty granted them has led to a change in their role. Special attention is granted to the relationship between Government and Parliament.
The Second part focuses exclusively on the Early Warning Mechanism. It shows to what extent the introduction of this new Mechanism has had positive effects on the parliamentary participation in EU affairs in general and how National parliaments have adapted to this challenge. The analysis concludes however on a more critical note as regards the sustainability of these positive changes, due, among others, to the way National parliaments have adapted or to how the EU institutions react.
Articles and Book chapters by Diane Fromage
Offers an interdisciplinary take on EU membership and differentiation within the EU
Focuses on key policy areas, including 'special statuses' within the EU, non-Member States in which EU law is applied, and states under accession or secession procedures
This edited collection offers a retrospective and prospective account of the ECB, charting its evolution in detail with chapters written by leading academics and practitioners. Part 1 examines the substantive changes to monetary policy introduced by the ECB as a consequence of the financial and sovereign debt crisis by considering their legal basis. Part 2 moves beyond monetary policy by shifting to the new roles that the ECB has been called upon to play, notably in banking supervision and resolution. Parts 3 and 4 deal with transformations to inter- and intra-institutional relations, and take stock of these transformations, reflecting on the nature of the ECB of current times and which direction it could be heading in the future.
The authors analyse the most salient and controversial elements of the ECB's crisis response, including unconventional monetary policy measures and the ECB's risk management strategy. Beyond monetary policy, the book further examines the role played by objectives such as financial stability and environmental sustainability, the ECB's relationship to the Lender of Last Resort function, as well as its new responsibilities in the Banking Union.
Edited volume
The EU’s economic governance framework has been significantly strengthened as a response to the 2008 economic and financial crisis, and the establishment of a new Banking Union in 2013. It is thus key to determine whether these additional transfers of powers to the EU level have been accompanied by an equivalent empowerment of the national and European legislatures, allowing them to ensure adequate democratic legitimation. The chapters comprehensively re-examine the democratic (throughput) legitimacy of, and within, the EU’s economic governance by focusing on national parliaments, on the European Parliament, and on mechanisms for interparliamentary cooperation.
This book was originally published as a special issue of the Journal of European Integration.
The first part is devoted to their participation in EU affairs until 2009 in order to highlight to what extent the prerogatives the Treaty granted them has led to a change in their role. Special attention is granted to the relationship between Government and Parliament.
The Second part focuses exclusively on the Early Warning Mechanism. It shows to what extent the introduction of this new Mechanism has had positive effects on the parliamentary participation in EU affairs in general and how National parliaments have adapted to this challenge. The analysis concludes however on a more critical note as regards the sustainability of these positive changes, due, among others, to the way National parliaments have adapted or to how the EU institutions react.
democratic accountability in the EU economic governance from the euro to
the COVID crisis’ explaining how it seeks to make a novel contribution in the
field of parliamentary studies. It first explains the trajectory of the crisisdriven institutional changes affecting parliaments from the great financial
crisis to the COVID pandemic. It then introduces the concept of democratic
accountability as a guiding notion of the special issue and differentiates
among its various dimensions as well as potential outstanding gaps in the
area of EU economic governance. Finally, it demonstrates in what ways
particular contributions of this collection address the under-researched
questions related to the abovementioned dimensions of EU democratic
accountability
has always been rather limited. Its prerogatives were somewhat reinforced after
the Euro crisis, but its role in policy implementation remained minimal.
However, because of the pandemic, the level of integration at the
supranational level has significantly increased as a result of, among others,
the adoption of unique instruments such as the SURE instrument, Next
Generation EU and the Recovery and Resilience Facility (RFF). This article
considers to what extent the EP’s role in EMU has been reinforced as a result
of these measures. It finds that the EP was regrettably reserved only a limited
role in the operationalisation of the RRF and an even lesser role in other
instruments, but that legal and political constraints made any other outcome
unlikely. This article argues in favour of an increased use of the existing
instruments by both the EP and national parliaments, as well as a
reinforcement of interparliamentary cooperation. A far more extensive
empowerment of the EP would be required if temporary and exceptional
developments that occurred in the EMU during the pandemic were to
become more entrenched.
Early Warning System (EWS) six years after the entry into force of the Lisbon Treaty. To this end,
the question of the regional participation is looked at from a broad perspective including the
(potential) participation of regional parliaments in the Political Dialogue with the European
Commission, be it through their national counterparts or with the Commission directly. This
question is particularly relevant as even national parliaments tend to be less often involved in the
Political Dialogue with the Commission over the last years and as the EWS has only been activated
twice since the 1 December 2009.
This analysis finds, first of all, that not all regional parliaments have the guarantee that their
opinion in matters of subsidiarity, or more generally on an EU topic, will be taken into account by
their national parliaments. An empirical study of 17 out of 74 regional parliaments existing in the
EU further shows that, globally, regional parliaments contribute fairly little to both the EWS and
the Political Dialogue and they only marginally exchange with the Commission directly.
Against this background, the present study makes some proposals for reform in closure, in
particular to make the best use of the sometimes scarce regional parliamentary resources available.
Vice Presidents of the European Commission has also declared her candidacy for the position. This decision raises important issues
about the role of European Institutions, in particular the Commission, in this political process and whether this should have been the
object of some level of coordination among EU Member States
A workshop organised in Maastricht on 24-25 June will offer an opportunity to reflect on the use of art. 4-2 TEU 10 years after the entry into force of the Lisbon Treaty. This event is open to all but registration is required.
https://www.maastrichtuniversity.nl/events/conference-national-constitutional-identity-10-years