Read The Times Australia

Daily Bulletin

Can Greece bring in the lawyers to avoid getting booted out of the eurozone?

  • Written by: The Conversation
imageVaroufakis on the offensive.EU Council Eurozone, CC BY-NC-ND

Greece strikes again. With what looks like a do-or-die referendum on the horizon, we now have the prospect of a possible legal challenge to any attempt to oust the country from the eurozone.

“The Greek government will make use of all our legal rights,” proclaimed the finance minister, Yanis Varoufakis, according to the Daily Telegraph.

We are taking advice and will certainly consider an injunction at the European Court of Justice. The EU treaties make no provision for euro exit and we refuse to accept it. Our membership is not negotiable.

But, can a hypothetical Grexit decision adopted by the EU institutions be legally challenged?

Silence is golden

Clarifications are in order. First of all, one has to bear in mind that membership of the EU and being a member state participating in the eurozone, are two different situations. Therefore, what appears to be at stake (so far) is Greece’s continued eurozone membership, depending on the outcome of Sunday’s referendum.

The Greek government is right about the silence of the founding treaties. The founding treaties (both the Treaty on the Functioning of the European Union and the Treaty of the European Union) as they stand do not contemplate a country’s exit, or provide for the expulsion of a member state.

imagePressure points.Chad Miller, CC BY-SA

To be more precise, the only specific situation addressed is the application to become a member state (Article 49 of the Treaty on European Union (TEU)) and the withdrawal from the EU. Article 50 TEU, meanwhile, codifies the right of any member state to decide to withdraw from the European Union in accordance with its own constitutional provisions – the process a possible Brexit would follow.

Forced exit

Withdrawal, nevertheless, is not automatic. It requires that the EU negotiates and concludes an agreement with the state in question and setting out the arrangements of withdrawal, including taking account of the framework of its future relationship with the Union. The scenario of an exit of the eurozone following a failure to meet commitments imposed by the member states is not mentioned at all.

imageWise move?Darwin Bell, CC BY-NC

The decision

So, what decision would Greece be challenging? It would be a decision adopted by the EU institutions and the Eurogroup finance ministers to force a Greek exit of the eurozone due to its default on fulfilling the obligations attached to its participation in the monetary union (criteria laid down in Article 140.1 of the Treaty of the Function of the European Union) and the conditions attached to Greece’s bailout program.

Greece would then still be an EU member state but it will have to revert to the drachma or adopt a new currency. Nevertheless, as mentioned, there is no explicit legal basis for such a decision. One can argue that the failure to fulfil the eurozone commitments would amount to a serious violation of the founding treaties, and that it is possible to adopt the decision based on the principles embodied in the treaties. But the fact is that the treaties would need to be amended in order to provide for this.

Needless to say, this is unchartered territory for the EU and thus the legal consequences are uncertain. Since an exit from the eurozone by one country can have serious consequences for the EU and other member states, everything would speak in favour of a negotiated exit rather than a decision imposed and automatic withdrawal. Indeed, if other member states are directly affected by the decision, this could open up the EU to legal action from them.

Technical knockout

Greece is talking about the possibility of a court injunction against the EU institutions to block any exit from the eurozone. In the hypothetical (and highly unlikely event) that they pursue this course of action, what would be the legal avenue to challenge it?

Greece could initiate an action of annulment against the decision, based on the standard grounds for judicial review. This could be a lack of competence; infringement of an essential procedural requirement; infringement of EU treaties or of any rule of law relating to their application; or misuse of powers.

imageJustice in the balance.Rae Allen, CC BY-NC

Then the European Court of Justice would need to settle the case in light of the principles of EU law. For sure, there will be other problems related to the interpretation and evolution of the EU. To put it simply though, the ECJ may indeed annul the act concerned if it is deemed to be contrary to EU law.

Playing for time

We might draw the following conclusion. If a provision, such as Article 50 TEU, which deals explicitly and in detail with (voluntary) exit from the EU, does not foresee the circumstances outlined above, then it would be far-fetched to assume that this complex scenario was implicitly dealt with by its wording.

There is simply no clear-cut response based on the interpretation of the founding treaties as to which of the different standpoints is the legally correct one. That level of uncertainty might give Greece the encouragement to float the possibility of a challenge, and if nothing else it delivers the prospect of a drawn out legal battle that struggles to reach a satisfactory conclusion – but which would probably still buy a bucketful of bargaining time.

Belén Olmos Giupponi does not work for, consult to, own shares in or receive funding from any company or organisation that would benefit from this article, and has no relevant affiliations.

Authors: The Conversation

Read more http://theconversation.com/can-greece-bring-in-the-lawyers-to-avoid-getting-booted-out-of-the-eurozone-44108

Business News

The Growing Demand for Durable Plastic Packaging Supplies Across Australia

Why Do Australian Businesses Need Reliable Plastic Packaging Supplies? Businesses need packaging that can withstand everyday handling, storage, and distribution without creating avoidable delays. Pla...

Daily Bulletin - avatar Daily Bulletin

Office Cleaning Melbourne: Choosing the Right Scope for Your Office

A well-planned office cleaning Melbourne arrangement starts with a clear understanding of the premises and the people who use it. An office may include private work areas, shared desks, reception, mee...

Daily Bulletin - avatar Daily Bulletin

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Australian Entrepreneurs Should Know About Streamlining Their Financial Processes

Running a small business in Australia demands much more than just delivering a great product or serv...

Supporting Joint Health in Young and Growing Horses

Anyone who has raised a foal through to a rising three-year-old knows how deceptively fast the gro...

Why Is My Switchboard Buzzing? What a Humming Breaker Is Telling You

Most people never hear their switchboard. It sits quietly in a cupboard, a hallway or a meter box ou...

Solar Panels Geelong: Key Factors to Consider Before Installation

Solar power can help households and businesses generate electricity on site, but the value of a syst...

How Rats and Mice Get Into Homes Through Gaps Most People Miss

Rats and mice do not need an open door to get inside a home. They can squeeze through small openings...

Why a Safety Certified I/O Module Matters in Machine Design

Understanding Safety-Related I/O A safety certified I/O module is designed for use within an arch...

How to Compare Ceiling Fans online before Buying

Comparing ceiling fans online before making a purchase helps you understand how each model will su...

How Does a Portable Power Station for Carvan Adventures Support Smarter Camping?

Why Does Off-Grid Camping Need a Reliable Portable Power Station for Carvan Travel?  People often...

How Ecommerce Order Retail Fulfillment Services Improve Order Accuracy?

Why Order Accuracy Matters in Ecommerce Order Retail Fulfillment Services?  Order accuracy is one...