Abstract
This paper offers a dialectical analysis of the law relating to the Greek crisis. The form and content of the measures introduced in the Greek legal system to deal with the debt crisis is examined under the concept of ‘necessity’. It is argued that this concept, used by the Greek Council of State to justify the constitutionality of these measures, opens a path for a more comprehensive analysis of the measures implemented through the mechanism of the Greek Memoranda of Understanding. The measures are seen as ‘necessary’: on the one hand in their accordance and basis on principles of the European Union; on the other hand in their class orientation and reflecting of specific social (class) interests. But despite their necessity, neither their content, nor the form of implementation of these measures is fixed; it is rather contingent, i.e. dependent on the level of intensification of social (class and intra-class) and economic antagonisms.
Highlights
Is a Damoclean sword hung over Greece and other EU countries? This metaphorical question could be answered in the affirmative, on the assumption that this sword takes the form of Memoranda of Understanding
We have focused on the existence of objective contradictions intensified by the development of capitalist antagonisms, which inform the principles deployed to deal with a crisis, and the form assumed in the exercise of these powers
The form and content of this legislation has been examined in its movement and mutual relation to social and economic contradictory processes, such as capitalist unevenness and competition
Summary
Is a Damoclean sword hung over Greece and other EU countries? This metaphorical question could be answered in the affirmative, on the assumption that this sword takes the form of Memoranda of Understanding. One could argue that this sword takes the form of an EU-wide supervisory mechanism, the framework for which has been set by the Fiscal
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