Constitutional courts facing the Euro crisis : Italy, Portugal and Spain in a comparative perspective

Abstract

This paper aims to analyse whether and to what extent Euro-crisis law – a mix of international, European and national measures adopted in reaction to the Eurozone crisis – has affected constitutional case law in three Eurozone countries receiving financial support or assistance and provided with a Constitutional Court: Italy, Portugal, and Spain. The paper identifies elements of continuity and innovation in the rulings of the three Courts compared to the pre-crisis period by looking at how constitutional judges ‘manage’ social rights and regional autonomy, and how they develop their constitutional reasoning. It is argued that, contrary to expectations because of the new fiscal constraints and although with some remarkable differences, Euro-crisis case law is usually in continuity with the past rulings of these Constitutional Courts and this is due both to legal elements – like access to the Court, its composition, the appointment of judges, the effects and timing of decisions, and the standards for review – and non-legal elements – like the economic situation and changes occurring in the political context.