Mrs Dole Goes to Brussels: A Judicial Test for Coercive Federalism in the EU

Legal transplants – Dole test – Sebelius and coercive federalism in the US – Expansion and legality of spending conditionality in the EU – Dole -style test under EU law – Connection between EU funds and legal bases – Germaneness test in the Conditionality Regulation judgments – Cohesion as quasi-general spending power – Clarity of the conditions to EU spending – Horizontal conditions – Regulatory and enforcement conditions – Competence creep – Ban on illicit conditions and its enforcement – Political safeguards of federalism in the US and the EU – Limits of financial induction in the EU – Financial coercion as manifest disproportionality.