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dc.contributor.author Steinbach, Armin
dc.date.accessioned 2018-09-25T09:52:15Z
dc.date.available 2018-09-25T09:52:15Z
dc.date.issued 2018-04
dc.identifier.uri http://hdl.handle.net/10230/35492
dc.description.abstract While the Court of Justice of the European Union has approved the European financial assistance schemes, the haircut of public creditors appears as a possible next step of escalation in the euro debt crisis. This article explores the legal boundaries set by the EU Treaty on such debt restructuring. Both the no-bailout clause and the prohibition of monetary state financing are at the core of the analysis. In its rulings in Pringle and Gauweiler, the Court specified the meaning of these provisions in relation to the conditions governing financial assistance programs. The analysis highlights the limitations set by these norms on the scope of potential modes of haircuts on public creditors. We find that a haircut on nominal debt would infringe the no-bailout clause and the involvement of the ECB would violate the ban on monetary state financing. However, there remain other forms of "soft haircuts", such as the lowering of interest rates and the extension of terms, which may be compatible with EU law.
dc.description.sponsorship The ADEMU Working Paper Series is being supported by the European Commission Horizon 2020 European Union funding for Research & Innovation, grant agreement No 649396.
dc.format.mimetype application/pdf
dc.language.iso eng
dc.relation.ispartofseries ADEMU Working Paper Series;108
dc.rights This is an Open Access article distributed under the terms of the Creative Commons Attribution License Creative Commons Attribution 4.0 International, which permits unrestricted use, distribution and reproduction in any medium provided that the original work is properlyattributed.
dc.rights.uri https://creativecommons.org/licenses/by/4.0/
dc.title The 'haircut' of public creditors under EU law
dc.type info:eu-repo/semantics/workingPaper
dc.relation.projectID info:eu-repo/grantAgreement/EC/H2020/649396
dc.rights.accessRights info:eu-repo/semantics/openAccess

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