The Economic Crisis and the Courts

The judicialisation of economic reforms has evolved through the evocation of their unconstitutionality – see for example the cases that came in front of the Courts of debtor states, such as Greece and Portugal, concerning the unconstitutionality of the Memoranda, or the laws implementing them. On the side of the creditors, and esp. Germany, one can observe the judicialisation of political decisions to face the crisis (e.g. judgements of the Bundesverfassungsgericht concerning the aid to Greece, the ESM etc.). The theme here is the spectre and the institutional possibility of citizens and political minorities to use the courtrooms as political fields in order to combat the measures, as well as a critical overview and comparative analysis of German and Greek ‘crisis case law’. Can courts draw on constitutional principles to protect the people from austerity or its excesses? (To what extent) have judges the capacity and prerogatives to decide upon financial, economic, fiscal and / or political matters?