The fi scal responsibility (or irresponsibility) of governments around the world is in
question. Government debt has traditionally been thought of as among the most
secure forms of investment. Yet in recent years, the fi nancial systems in a number of
countries have nearly collapsed. In other places, governmental defi cits and debt
have brought the fi scal credibility of that state into question. The situation of Greece
has attracted much attention over the past few years. Greece is not alone; other
nations in Europe and elsewhere have faced (or currently face) similar challenges.
Even the USA has come close to defaulting on its payments, because of the structure
of its debt, but has taken steps to overcome that threat.
Yet this is not a universal phenomenon. Some states have had the fi scal discipline
to manage their fi nancial affairs so that these issues do not arise.
Debt is simply the consequence of defi cits in the government’s accounts.
Government expenditure and borrowing are controlled by law. In some cases, this
law is contained in the national constitution. In others, it is contained in international
treaties and other agreements. Elsewhere, it is the subject of national legislation
through budget approvals and appropriations of funds. So the problem is not
only one for economists but also one for lawyers.
Recognizing the salience of these issues and their impact on public law, the
International Academy of Comparative Law placed this topic on its agenda for the
XIX International Congress of Comparative Law, held in Vienna in July 2014. In
preparation for that Congress, the Academy appointed me as general reporter to
prepare a questionnaire covering the legal issues connected with this topic. The
Academy also asked each of the national comparative law societies to name a
national reporter to examine that country’s approach to the legal aspects of this
question. At the conclusion of this volume, the Appendix reproduces the questionnaire
that was originally sent to the national reporters. As is customary at meetings
of the Academy, responses could be in either English or French.