Disciplina fiscale, stabilità finanziaria e solidarietà nell’unione europea ai tempi della crisi: alcuni spunti ricostruttivi

This article aims to shed some light on the systematic impact of the (re-)interpretation of Articles 123-125 TFEU offered by Member States and EU Institutions in the context of the crisis. The preservation of the ‘financial stability of the euro area as a whole’ and the concept of solidarity appear key to understand the ongoing evolution of the EU legal order. The former sets the limits to financial bailouts and has also to be intended as a new constitutional value both at national and EU level: in fact, it has in some cases defined the boundaries of the acceptable restrictions both to national constitutional guarantees (especially parliamentary prerogatives) and to internal market rules. Moreover, it constitutes a new objective pursued by EU Institutions in the framework of the Economic and Monetary Union. As to the shift from negative to positive forms of solidarity we have witnessed, it is argued that it could become full and complete only with a Treaty reform.