The EU and Its Sovereign Debt Programmes: The Challenges of Liminal Legality

Forthcoming Current Legal Problems

EUI Department of Law Research Paper No. 2017/14

27 Pages Posted: 9 Nov 2017

See all articles by Claire Kilpatrick

Claire Kilpatrick

European University Institute - Department of Law (LAW); University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

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Date Written: October 7, 2017

Abstract

This analysis focuses on the challenges the EU sovereign debt programmes raise for our understanding of legality in the EU by developing in particular the idea of liminal legality. Liminal legality, in the sense I develop it here, concerns legal issues awaiting legal location within one or more legal orders. I consider how long, and through which kinds of practices, do EU institutions allow unresolved legal spaces in the sovereign debt programmes to endure or re-emerge. This entails assessing the various EU judicial pathways through which sovereign debt programmes have been challenged. By stressing the temporal dimensions of liminal legality and the importance of viewing law as a practical enterprise, my analysis suggests that a narrowly doctrinal approach to recent cases such as Ledra Advertising, Mallis and Florescu does not capture the problematic dimensions of legality in the EU sovereign debt programmes.

Keywords: EU Sovereign Debt Programmes, Liminal Legality, Ledra, Mallis, Florescu

Suggested Citation

Kilpatrick, Claire, The EU and Its Sovereign Debt Programmes: The Challenges of Liminal Legality (October 7, 2017). Forthcoming Current Legal Problems, EUI Department of Law Research Paper No. 2017/14, Available at SSRN: https://ssrn.com/abstract=3066785 or http://dx.doi.org/10.2139/ssrn.3066785

Claire Kilpatrick (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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