Emergency legislation in European Union Law

This chapter offers an analysis of the ‘European Emergency Constitution’, namely the set of provisions expressly dealing with emergencies or crises that often require urgent legislative responses. The recent economic crisis, the ongoing migratory pressure, and the most recent health and energy emergencies are some recent examples of such situations of crisis or emergency. Admittedly, these situations raise many questions about the nature and quality of the European Union’s decision-making powers in times of crisis. In contrast to the constitutions of almost all Member States, the EU treaties do not provide for uniform emergency legislative action. However, within the legal framework of the EU, it is possible to find some specific provisions allowing the EU to react quickly to emergencies. By focusing on the recent financial and economic crisis as well as the migratory pressure, this chapter illustrates how EU emergency measures are, on the one hand, used to derogate from ordinary legislation, while, on the other hand, these measures may play a gap-filling role and, thus, establish a normative framework that aims to preserve the unity of EU law against the possible centrifugal thrusts of Member States’ responses.