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The impact of the European Union current crisis on law, policy and society.

Chirita, Anca D. (2014) 'The impact of the European Union current crisis on law, policy and society.', Cambridge yearbook of European legal studies., 16 . pp. 255-288.

Abstract

This chapter aims to understand the general nature of the current economic crisis from a socio-legal, economic, ideological and political perspective and to analyse the complexity of the multiple causes which have led to this crisis. The impact of the crisis on different areas of law is also considered, especially on banking, securities, contract, competition and corporate law. Furthermore, the article aims to criticise law in action and the management of the crisis through political decision-making (state intrusiveness), that is, the various responses and reactions to the crisis and the effectiveness of the measures implemented by policy-makers and enforcers. In particular, this article questions the constitutional legitimacy of the TBTF (Too-Big-to-Fail) theory as a predominant doctrine and criterion of state intervention in the economy. The chapter carries out a multi-layered analysis that covers aspects of economic, social, and political governance. It also draws insights from microeconomics—looking at how economic agents have affected individuals such as consumers—and from macroeconomics—looking at how state intervention in the economy has impacted upon taxpayers and considering the economic and social costs of the crisis. Finally, it approaches the crisis from the perspective of political economy by looking through the lenses of ideology and policy and by reflecting on the role of neoliberalism today.

Item Type:Article
Full text:(AM) Accepted Manuscript
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Status:Peer-reviewed
Publisher Web site:http://dx.doi.org/10.1017/S1528887000002615
Publisher statement:© Centre for European Legal Studies, Faculty of Law, University of Cambridge 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press, in 'Cambridge Yearbook of European Legal Studies' (16 (2014) 255-288) http://journals.cambridge.org/action/displayJournal?jid=CEL
Date accepted:30 May 2014
Date deposited:12 February 2016
Date of first online publication:27 October 2017
Date first made open access:12 February 2016

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