Diritto e prassi evolutiva dell’Eurogruppo

Protocol No 14 does not reflect in normative terms the relevant role assumed by the Eurogroup in the EU institutional dynamics. It is only through the prism of its rich practice that one can assess that role. Originally conceived as a complementary body with respect to ECOFIN, the Eurogroup has become an instance of evaluation and composition of the specific interests of the Eurozone, its activities having ended up affecting the internal equilibrium of the ECOFIN. Indeed, practice shows that Eurogroup’s positions – adopted by consensus – do influence the ECOFIN decision-making since the Eurozone Ministers may vote as a caucus. In a broader perspective, the Eurogroup evolutionary practice appears as a paradigmatic case study to conceptualize the normative role of customs at the institutional level. The paper addresses that practice even in the prospect to examine the limits to creating customary rules within the EU legal order.