EU possesses the legal power to rescue Greece if necessary

There is a need to clear up some misconceptions about how Greece, or some other fiscal miscreant in the 16-nation eurozone, would be rescued by its partners in the event that it was unable to refinance its debts.

Quite a few commentators seem to think eurozone governments would find it hard to sidestep the ban on bail-outs specified in European Union treaty law.  The European Central Bank, the European Commission and certain EU governments, not least that of Greece itself, have contributed to the confusion by insisting in public that a rescue is undesirable and unnecessary (while quietly planning for precisely this contingency).

Actually, EU legal experts have known for some time that, although a rescue of a eurozone member-state would not be straightforward in legal terms, it would be far from impossible.

The relevant section of the EU’s Lisbon treaty, which came into effect in December, appears to be Article 122.  This contains two clauses.  The first states that EU governments may decide to help each other out in the event of severe difficulties in the supply of certain products, above all energy.  The second clause states that when a member-state “is in difficulties or is seriously threatened with severe difficulties caused by natural disasters or exceptional occurrences beyond its control, the Council [of national governments], on a proposal from the Commission, may grant, under certain conditions, Union financial assistance to the member-state concerned.”

There it is, in black and white.  EU governments can grant financial assistance to a fellow member-state that is in serious trouble.

Of course, Greece’s woes have not been caused by a natural disaster.  You could also make a pretty strong case that it is the mistakes of Greek policymakers, not events beyond Greece’s control, that lie behind the appalling mess in the Greek public finances.  Still, if you don’t define the 2007-09 world financial crisis as an “exceptional occurrence”, then it hard to see what type of event could ever fall into this category.

Note that Article 122 stresses it would be EU national governments, acting on advice from the Commission, that would take the decision to rescue Greece – or Ireland, Portugal and so on.  There is nothing in the treaty requiring the ECB to state its opinion one way or the other.  So, on this question, it is important to listen to eurozone political leaders, above all Chancellor Angela Merkel of Germany and President Nicolas Sarkozy of France, as well as Commission president José Manuel Barroso.

None of them is any doubt whatsoever that, if the worst happens, they will have to rescue Greece.  As they see matters, the stability of one eurozone country is essential to the stability of all the others.  As one high-level EU policymaker put it this week: “The EU has all the instruments to deal with the situation in Greece.  We can do it, if the political will is there to do it.”

Brussels blog

Notes from the EU

About this blog Blog guide
This blog covers everything from the European Union's foreign and economic policies to the fortunes of its political leaders - as well as the more light-hearted aspects of life in Europe.


To comment, please register for free with FT.com and read our policy on submitting comments.

All posts are published in UK time.

Contact the Brussels blog team: Peter Spiegel, Joshua Chaffin, Alex Barker and Stanley Pignal.

See the full list of FT blogs.

The Brussels blog authors

Peter Spiegel is the FT's Brussels bureau chief. He returned to the FT in August 2010 after spending five years covering foreign policy and national security issues from Washington for the Wall Street Journal and the Los Angeles Times, focusing on the wars in Iraq and Afghanistan. He first joined the FT in 1999 covering business regulation and corporate crime in its Washington bureau, before spending four years covering military affairs and the defence industry in London and Washington.

Joshua Chaffin is one of the FT's EU correspondents, covering areas including policies on trade, the environment and energy. He has worked in the FT's Brussels bureau since late 2008 and before that was an FT correspondent in New York and Washington DC.

Alex Barker is EU correspondent, covering the single market, financial regulation and competition. He was formerly an FT political correspondent in the UK and joined the FT in 2005.

Stanley Pignal is Brussels correspondent for the Financial Times, covering EU justice, home affairs, social developments, telecoms and the Benelux region. He joined the bureau in January 2009, having previously worked for the FT as a corporate reporter in London.

FT blog: The World

Across the globe: Gideon Rachman and his FT colleagues debate international affairs on The World blog.

In the news

Angela Merkel Belgium Budget credit ratings agencies EU presidency EU summits European banks European Central Bank eurozone Finland Germany Greece Herman Van Rompuy Hungary IMF Italy Jose Manuel Barroso Libya Mario Monti Michel Barnier Nato Nicolas Sarkozy Olli Rehn Portugal Schengen Silvio Berlusconi sovereign debt crisis Spain Viktor Orban

Archive

« Dec Feb »January 2010
M T W T F S S
 123
45678910
11121314151617
18192021222324
25262728293031