The
euro area crisis proved the serious shortcomings embedded in the SGP. On one hand, fiscal wisdom was not spontaneously followed by the majority of Eurozone Members during the early-2000s expansion cycle. On the other hand, the EDP was not duly carried out, when necessary, as the cases of France and Germany clearly show. In order to stabilise the Eurozone, Member States adopted an extensive package of reforms, aiming at straightening both the substantive budgetary rules and the enforcement framework. The result was a complete revision of the SGP. The measures adopted soon proved highly controversial, because they implied an unprecedented curtailment of national sovereignty and the conferral upon the Union of penetrating surveillance competences. The new framework consists of a patchwork of normative acts, both within and outside the formal EU edifice. Consequently, the system is now much more complex.
Treaty on Stability, Coordination and Governance The Treaty on Stability, Coordination and Governance (TSCG), commonly labeled as
European Fiscal Compact, was signed on 2 March 2012 by all
eurozone member states and eight other
EU member states and entered into force on 1 January 2013. As of today, all current 27 EU member states ratified or acceded to the treaty, while the main opponent against the TSCG (the United Kingdom) left the EU in January 2020. The TSCG was intended to promote the launch of a new intergovernmental economic cooperation, outside the formal framework of the
EU treaties, because most (but not all) member states at the time of its creation were willing to be bound by extra commitments. Despite being an
intergovernmental treaty outside the
EU legal framework, all treaty provisions function as an extension to pre-existing EU regulations, utilising the same reporting instruments and organisational structures already created within the EU in the three areas: Budget discipline enforced by Stability and Growth Pact (extended by
Title III), Coordination of economic policies (extended by
Title IV), and Governance within the
EMU (extended by
Title V). The full treaty applies for all eurozone member states. A voluntary opt-in for non-eurozone member states to be bound by the fiscal and economic provisions of the treaty (Title III+IV) has been declared by Denmark, Bulgaria and Romania, while this main part of the treaty currently does not apply for Sweden, Poland, Hungary and Czech Republic – until the point of time they either declare otherways or adopt the euro. Member states bound by Title III of the TSCG have to transpose these fiscal provisions (referred to as the Fiscal Compact) into their national legislation. In particular, the general government budget has to be in balance or surplus, under the treaty's definition. As a novelty, an automatic correction mechanism has to be established by written law in order to correct potential significant deviations. Establishment is also required of a national independent monitoring institution to provide fiscal surveillance (commonly referred to as a fiscal council), with a mandate to verify all statistical data and fiscal budgets of the government are in compliance with the agreed fiscal rules, and ensure the proper functioning of the automatic correction mechanism. The treaty defines a balanced budget exactly the same way the SGP did, as a
government budget deficit not exceeding 3.0% of the
gross domestic product (GDP), and a
structural deficit not exceeding a country-specific
Medium-Term budgetary Objective (MTO). The Fiscal Compact however introduced a more strict upper MTO-limit compared to SGP, as it now at most can be set to 0.5% of GDP for states with a
debt‑to‑GDP ratio exceeding 60%, while only states with debt levels below 60% of GDP will be subject to respect an upper MTO-limit at the SGP-allowed 1.0% of GDP. The exact applying
country-specific minimum MTO is recalculated and set by the
European Commission for each country every third year, and might be set at levels stricter than the greatest latitude permitted by the treaty. The treaty states that the signatories shall attempt to incorporate the treaty into EU's legal framework, on the basis of an assessment of the experience with its implementation, by 1 January 2018 at the latest. The
ECB proposed several clarifying amendments to this proposed Council Directive in May 2018, while noting a potential adoption of this Directive should only happen together with an amendment of the pre-existing Council Regulation 1466/97, in order to reflect the TSCG had introduced a stricter upper limit for the structural deficit (MTO) at 0.5% of GDP for member states indebted by a debt-to-GDP ratio above 60%, which was a stricter limit than the maximum 1% of GDP being allowed by Council Regulation 1466/97 for all eurozone member states regardless of their debt-to-GDP ratio. If the Council Directive is adopted, it will align the EU fiscal rules with the TSCG fiscal rules. As the content of the Directive does not cover all articles of the TSCG, it will however not replace it, but continue to coexist with TSCG. • Regulation 1176/2011 introduced the
Macroeconomic Imbalance Procedure (MIP), a new procedure based on the macroeconomic clauses of the treaties. This procedure is not concerned with budgetary rules, but with the reduction of "macroeconomic imbalances". The latter consists of economic trends experienced by one member state that can upset the normal functioning of the economy. An example of such trends might be the development of a housing bubble like the one that busted in Ireland in 2010, or of an uncontrolled current account surplus or deficit. • Regulations 1173/2011 and 1174/2011 modified the framework for the imposition of sanctions in the context of both the EDP and the MIP. A semi-automatic mechanism was introduced: the establishment of a budgetary infringement would trigger a fining decision within the Council unless a qualified majority vote expresses a contrary opinion. Furthermore, as the infringements persist, less afflictive sanctions (such as interest-bearing deposits) are automatically transformed into more afflictive ones (either non-interest-bearing deposits or fines). • Regulation 1175/2011 amended the preventive arm (Regulation 1466/97), and introduced the
European Semester. This is a procedure meant to provide a forum for ex ante coordination of economic and budgetary policies of Member States on an annual basis. In particular, every year in April all
eurozone member states submit their "stability programmes", while all non-eurozone member states submit "convergence programmes" that except of a different title provides identical content. These documents outline the main elements of the member states' budgetary plans and are assessed by the commission for compliance with the SGP criteria both within the preventive arm (MTO achievement) and corrective arm (EDP correction). An important part of the assessment addresses compliance with the minimum annual benchmark figures set for each individual country's
structural budget balance, striving towards either a minimum improvement for the structural budget balance to be on the set path to correct an ongoing Excessive Deficit Procedure within the corrective arm, or striving towards achievement of the country-specific
Medium-Term budgetary Objective (MTO) – or being assessed to be on an appropriate adjustment path towards this MTO within the preventive arm. Based on its assessment of the stability and convergence programmes, the commission also draws up
Country-Specific Recommendations for all EU member states, on which the Council adopts opinions in July. These include recommendations for appropriate economic and fiscal policy actions. All CSRs adopted in the context of the European Semester since 2011 are registered in the CSR database, which is the main tool for recording and monitoring each member state's annual progress with the implementation of CSRs. Furthermore, the Council adopts recommendations on economic policies that apply to the euro area as a whole. • Directive 2011/85/EU outlined requirements for annually submitted budgetary frameworks of all member states, and shall be implemented by each member state no later than 31 December 2013.
New debt reduction rule (Regulation 1177/2011) The corrective arm of the SGP (Regulation 1467/97) was amended by Regulation 1177/2011. By an entirely rewritten "article 2", this amendment introduced and operationalised a new
"debt reduction rule", commonly referred to as the
"debt brake rule", and legislatively referred to as the
"1/20 numerical benchmark for debt reduction". The new debt reduction rule entered into force at the EU level on 13 December 2011. :*
Backwards-checking formula for the debt reduction bechmark (bbt):bbt = 60% + 0.95*(bt-1-60%)/3 + 0.952*(bt-2-60%)/3 + 0.953*(bt-3-60%)/3. The bb-value is the calculated benchmark limit for year
t. The formula feature three t-year-indexes for backwards-checking. :*
Forwards-checking formula for the debt reduction bechmark (bbt+2):bbt+2 = 60% + 0.95*(bt+1-60%)/3 + 0.952*(bt-60%)/3 + 0.953*(bt-1-60%)/3. When checking forwards, the same formula is applied as the backwards-checking formula, just with all the t-year-indexes being pushed two years forward. :* The year referred to as
t in the backward-looking and forward-looking formula listed above, is always the latest completed fiscal year with available outturn data. For example, a backward-check conducted in 2024 will always check whether outturn data from the completed 2023 fiscal year (t) featured a debt-to-GDP ratio (bt) at a level respecting the "2023 debt reduction benchmark" (bbt) calculated on basis of outturn data for the debt-to-GDP ratio from 2020+2021+2022, while the forward-looking check conducted in 2024 will be all about whether the forecast 2025-data (bt+2) will respect the "2025 debt reduction benchmark" (bbt+2) calculated on basis of debt-to-GDP ratio data for 2022+2023+2024. It shall be noted, that whenever a
b input-value (debt-to-GDP ratio) is recorded/forecast below 60%, its data-input shall be replaced by a fictive 60% value in the formula. :* Besides of the backward-looking debt-brake compliance check (bt \scriptscriptstyle\leq bbt) and forward-looking debt-brake compliance check (bt+2 \scriptscriptstyle\leq bbt+2), a third
cyclically adjusted backward-looking debt-brake check (b*t \scriptscriptstyle\leq bbt) also form part of the assessment whether or not a member state is in
abeyance with the debt-criterion. This check applies the same backwards-checking formula for the debt reduction bechmark (bbt), but now checks if the
cyclically adjusted debt-to-GDP ratio (b*t) respects this calculated benchmark-limit (bbt) by being compliant with the equation: b*t \scriptscriptstyle\leq bbt. The exact formula used to calculate the
cyclically adjusted debt-to-GDP ratio for the latest completed year t with outturn data (b*t), is displayed by the formula box below. If just one of the four quantitative debt-requirements (including the first one requesting the debt-to-GDP ratio to be below 60% in the latest recorded fiscal year) is complied with: or or or , then a member state will be declared to be in abeyance with the debt brake rule. Otherwise the commission will declare existence of an "apparent breach" of the debt-criterion by the publication of a
126(3) report, which shall investigate if the "apparent breach" was "real" after having taken a range of allowed exemptions into consideration. Provided no special "breach exemptions" can be found to exist by the 126(3) report (i.e. finding the debt breach was solely caused by
"structural improving pension reforms" or
"payment of bailout funds to financial stability mechanisms" or
"payment of national funds to the new European Fund for Strategic Investments" or
"appearance of an EU-wide recession"), then the commission will recommend the council to open a debt-breached EDP against the member state by the publication of a
126(6) report.
Twopack The
Twopack consists of two Regulations that entered into force on 30 May 2013. They are exclusively applicable to
eurozone member states and introduced additional coordination and surveillance of their budgetary processes. They were deemed necessary given the higher potential for spillover effects of budgetary policies in a common currency area. The additional regulations complement the SGP's requirement for surveillance, by enhancing the frequency and scope of scrutiny of the member state's policymaking, but do not place additional requirements on the policy itself. The degree of surveillance will depend on the economic health of the member state. Regulation 473/2013 is directed at all eurozone member states and requires a draft budgetary plan for the upcoming year to be submitted annually by 15 October, for a SGP compliance assessment conducted by the European Commission. The member state shall then await receiving the commission's opinion before the draft budgetary plan is debated and voted for in their national parliament. The commission will not be granted any veto right over the national parliaments potential pass of a fiscal budget, but will have the role to issue warnings in advance to the national parliaments, if the proposed draft budget is found to compromise the debt and deficit rules of the SGP. • The regulation requires that any eurozone member state subject to an open EDP shall also publish a "status report for corrective action" by 6 months intervals, with the frequency increased to quarterly reports if the state "persistently fails to implement the Council recommendations for corrective measures in order to remedy the excessive deficit". • The regulation requires that "status reports for corrective action" needs to be published on a quarterly basis, and that the commission on that basis will be allowed to send warnings to the national parliament of the member state concerned, about a likely missed compliance with programme targets and/or the fiscal adjustment path to comply with EDP deadlines; at such an early stage in the process, that the affected member state still have sufficient time to implement needed counter-measures to prevent the possible delay of the required compliance. often translated in sophisticated mathematical formulas. This not only induces confusion in the overall framework, but also makes the procedural outcome hardly predictable for Member States. Another widespread criticism concerns the high democratic deficit embedded by the SGP. National policymakers are elected democratically backed up at national level, whereas the EU (in its quality of central watchdog) is only in an indirect way. The friction between the two levels is ever more perceived in periods of economic distress, when the quest for budgetary consolidation becomes more compelling. Scholars agree in referring the issue of democratic deficit to the lack of a more federalised institutional framework for the Eurozone economic governance. The argument goes that strongly legitimated Union institutions would avoid the need for penetrating surveillance mechanisms, as they would partially shift economic policymaking at central level.
Bailout programs Because of the crisis, some Members lost access to financial markets to refinance their debt. Clearly, the SGP framework proved not enough to ensure the stability of the Eurozone. For this reason, a bailout facility was deemed necessary to face such extraordinary challenges. The first attempt was the European Financial Stability Facility (EFSF), specifically created in 2010 to help Greece, Portugal, and Ireland. However, a permanent facility was created two years later with the establishment of the European Stability Mechanism (ESM). The latter consists of an international treaty signed on 2 February 2012 by Eurozone Members only. Ailing Members receive financial aid in the form of low-interest loans whose disbursement is attached policy conditionalities. The latter usually consist in Macroeconomic Adjustment Programs (MAPs) whose adoption is deemed necessary to fix the imbalances which gave rise to the original instability. Bailout programs do not constitute enforcement procedure
stricto sensu. However, since financial support always entails compliance with several budgetary and economic conditionalities, they can be construed as a sort of
ex post enforcement mechanism. == Reform 2024 ==