Sabine Saurugger, Clément Fontan
Courts are increasingly asked to deal with fundamental political disagreements in liberaldemocracies. Because of its political salience and the extent of its consequences, the crisis of the Economicand Monetary Union (EMU) has exposed such fundamental disagreements between and within its memberstates, which numerous plaintiffs have brought before domestic courts and the Court of Justice of theEuropean Union (CJEU). This article analyses this judicialisation of the EMU crisis. Using a database onlawsuits introduced in all 28 member states with regard to crisis measures and the new EMU governancemechanisms introduced since 2010, the authors study which actors use the courts and under whichcircumstances. Based on a combination of judicialisation and political economy approaches, the articledevelops a series of assumptions on actors’ motivations in order to understand the reasons for judicialisationin debtor and creditor countries.
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