The exceptional character of the economic public order as a pretext: an illustration of anti-crisis national jurisprudence

Abstract

Both Economics and Law must be conceived as instruments in a synergistic action pursuing the realization of fundamental rights, also those of social dimension. In this regard, the national anti-crisis jurisprudence (from the Spanish Supreme Court) which is submitted to scrutiny in the present essay, presents a clear deficit of both legal reasoning and economic analysis of law, insofar as it is manifestly ill-founded. The author concludes that such national jurisprudence must be corrected in the light of the European parameters, curiously on the basis of the economic jurisprudence of Court of Justice of the European Union, without prejudice to the more specific interpretation offered by the European Committee of Social Rights.