SOLIDARITY AND FINANCIAL DISCIPLINE IN THE EU Lecce 31 May 2013 Prof. Pietro Manzini University of...
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Transcript of SOLIDARITY AND FINANCIAL DISCIPLINE IN THE EU Lecce 31 May 2013 Prof. Pietro Manzini University of...
SOLIDARITY AND FINANCIAL DISCIPLINE IN THE EU
Lecce 31 May 2013
Prof. Pietro Manzini
University of Bologna
Solidarity in the EU Treaty
Article 3, para 3 TEU
• The Union shall promote economic, social and territorial cohesion, and solidarity among Member States
Article 4. para. 3
• Pursuant the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying tasks which flow from the Treaty
Solidarity enforced in the economic policy chapter
Article 122, para.2 TFEU
Where a Member State is in difficulties or is seriously threatened with severe difficulties caused by natural disasters or exceptional occurrences beyond its control, the Council, on a proposal from the Commission, may grant, under certain conditions, Union financial assistance to the Member State concerned. The President of the Council shall inform the European Parliament of the decision taken.
The non-solidarity clauseArticle 125, par. 1, TFEU
The Union shall not be liable for or assume the commitments of central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of any Member State, without prejudice to mutual financial guarantees for the joint execution of a specific project. A Member State shall not be liable for or assume the commitments of central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of another Member State, without prejudice to mutual financial guarantees for the joint execution of a specific project.
New solidarity
• Article 136, para. 3, (inserted)The Member States whose currency is the euro may
establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. The granting of any required financial assistance under the mechanism will be made subject to strict conditionality.
ESM
5° wheras:This Treaty and the TSCG are complementary in
fostering fiscal responsibility and solidarity within the economic and monetary union. It is acknowledged and agreed that the granting of financial assistance in the framework of new programmes under the ESM will be conditional, as of 1 March 2013, on the ratification of the TSCG by the ESM Member concerned and, upon expiration of the transposition period referred to in Article 3(2) TSCG on compliance with the requirements of that article.
Art. 3(2) TSCG (Fiscal Compact)
• the budgetary position of the general government of a Contracting Party shall be balanced or in surplus
• (balanced budget rule)
Cyprus Case
• EU Solidarity: ESM will provide approximately €9 billion, and the IMF will contribute around €1 billion.
• Conditions: The Bank of Cyprus was recapitalized through a partial deposit/equity conversion of its uninsured deposits (over €100,000). A full bail-in of equity shareholders (shares were suspended); senior and junior bondholders was conducted with a conversion of the claims into equity
Synoptic table
Solidarity rules Assisted institution
State responsibility
Conditions
Art. 122
Art. 125
Public Authorities
Public Undertakings
No
EU Membership +
“certain conditions”
Art. 136
ESM
Public Authorities Yes
Strict conditionality
+
Compliance to balanced budget rule
Art. 136
ESM
Financial Institutions
(trough MS) Yes
Strict conditionality
+
Compliance to balanced budget rule
+
Depositors pay
What did we learn?
Experience is a great teacher, but she sends in terrific bills
Minna Antrim (1861-1950)