EMU as Constitutional Law
The creation of Economic and Monetary Union (EMU) was an important enterprise of constitutional engineering and expressed a belief in the capacity of constitutional law to accomplish economic objectives. The Treaty of Maastricht was prepared by not one but two intergovernmental conferences, namely one on ‘European Political Union’ and another one on ‘European Monetary Union’. The negotiators participating in the latter of the two conferences were given a free hand in drafting a lengthy set of norms that were eventually included in the Maastricht Treaty, either in the body of the new Treaty or in detailed Protocols. At the moment of entry into force of the Maastricht Treaty, all EMU law was therefore constitutional law of the European Union, and still today, when many further norms of secondary law have been enacted, an important part of EMU law is still of a formally constitutional nature, by being contained in the text of the Treaty on the Functioning of the European Union (TFEU) and its annexed Protocols. There is thus a consistent body of EMU constitutional law, which is the object of this contribution.