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  • 11 - Judicial Accountability of Financial Assistance in the Case of Eurozone Debtor Countries

  • from Part III - Legal Accountability
  • Edited by Mark Dawson, Hertie School, Berlin
  • Book:
    Substantive Accountability in Europe's New Economic Governance
    Published online:
    23 November 2023
    Print publication:
    07 December 2023, pp 240-266
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  • Summary

    This chapter investigates legal accountability of financial assistance from the perspective of borrower countries. It adopts an empirical approach taking the Portuguese case to test how accountability of the financial assistance programme, on the one hand, and of the national measures implementing conditionality, on the other, was exercised. The investigation focuses on the judicial review of austerity measures in different institutional contexts comprising the domestic constitutional court, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights. It aims at assessing in how far these judicial fora have delivered the accountability goods identified in the introductory chapter, particularly publicness, as the good oriented towards ensuring that public action is guided by common goods, namely that it respects the constitutional principles of equality and proportionality.