European Stability Mechanism Case

Abstract

Relationship of international law and municipal law — Treaties — Treaty Establishing the European Stability Mechanism, 2012 — Article 4(4) — Emergency procedure — Callable capital stock — Estonia signing but not ratifying Treaty — Whether Article 4(4) of Treaty in conflict with Constitution of Estonia — Whether petitioner having competence to challenge Treaty — Principle of parliamentary democracy — Principle of parliamentary reservation — Budgetary powers of Parliament — Sovereignty clause in Constitution — Interpretation — Financial sovereignty — Whether State waiving part of its sovereignty in entering into international agreements — Democratic State subject to rule of law — Budgetary powers — Whether interference with constitutional principles permissible — Whether Article 4(4) of Treaty in conflict with Constitution of Estonia

Treaties — Treaty Establishing the European Stability Mechanism, 2012 — Whether satisfying requirements of Article 2(1)(a) of Vienna Convention on the Law of Treaties, 1969 — Article 4(4) of Treaty — Emergency procedure — Callable capital stock — Constitutionality of Treaty — Whether petitioner having competence to challenge Treaty — Financial sovereignty — Whether State waiving part of its sovereignty in entering into international agreements — Democratic State subject to rule of law — Budgetary powers — Whether interference with constitutional principles permissible — Whether Article 4(4) of Treaty in conflict with Constitution of Estonia

Economics, trade and finance — Euro area — Economic and financial stability — European Stability Mechanism — Financial sovereignty — Treaty Establishing the European Stability Mechanism, 2012, Article 4(4) — Constitution of Estonia — Budgetary powers — Whether Article 4(4) of Treaty in conflict with Constitution of Estonia

International organizations — European Union — Treaties — Law of the European Union — Treaty Establishing the European Stability Mechanism, 2012 — Whether Treaty on European Stability Mechanism part of European Union law

Treaties — Treaty on European Union, 2009 — Treaty on Functioning of the European Union, 2009 — Further delegation of powers — Necessity of referendum on more extensive integration — The law of Estonia