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Author: Daniela Caruso
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This essay outlines the ongoing debate on the justice deficit of EU private law - the 'social justice' debate - and then points at an underexplored avenue of inquiry that is essential for this debate to stay meaningful and constructive. Future research should aim to calibrate EU private law to the socio-economic asymmetries of the EU market, and to counterbalance the uneven weight of uniform rules, where they appear desirable, with proper compensatory mechanisms.
Author: Daniela Caruso
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This essay outlines the ongoing debate on the justice deficit of EU private law - the 'social justice' debate - and then points at an underexplored avenue of inquiry that is essential for this debate to stay meaningful and constructive. Future research should aim to calibrate EU private law to the socio-economic asymmetries of the EU market, and to counterbalance the uneven weight of uniform rules, where they appear desirable, with proper compensatory mechanisms.
Author: Dimitry Kochenov
Publisher: Bloomsbury Publishing
ISBN: 1782254838
Category : Law
Languages : en
Pages : 796
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Book Description
The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
Author: Hans-W Micklitz
Publisher: Cambridge University Press
ISBN: 1108335829
Category : Law
Languages : en
Pages : 489
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Book Description
The Politics of Justice in European Private Law intends to highlight the differences between the Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe's justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.
Author: H. W. Micklitz
Publisher: Edward Elgar Publishing
ISBN: 0857935895
Category : Law
Languages : en
Pages : 489
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Book Description
'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.
Author: Grainne De Burca
Publisher:
ISBN:
Category :
Languages : en
Pages : 67
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Book Description
This edited working paper proposes a new way of appraising the process of European integration, taking the notion of Justice as a starting point. With a number of contributions from the leading theorists of EU integration as well as younger scholars and practitioners of European law, it adopts a multi-faceted approach to what the editors branded as a possible "justice deficit" in Europe, looking at procedural as well as substantive elements of justice, also connecting justice with legitimacy, democracy, the rule of law, and other key principles of European law. Taking justice seriously is no doubt an indispensable element of any mature constitutional system. In starting the debate on justice in the EU context and immediately involving a number of leading scholars into the debate, the working paper aims at bridging an important gap in our theorising of European integration and law by starting a wide exchange on the topic of key importance, which is the essence of Justice, informing the integration project in Europe.
Author: Gráinne De Búrca
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 57
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Book Description
This edited working paper proposes a new way of appraising the process of European integration, taking the notion of Justice as a starting point. With a number of contributions from the leading theorists of EU integration as well as younger scholars and practitioners of European law, it adopts a multi-faceted approach to what the editors branded as a possible "justice deficit" in Europe, looking at procedural as well as substantive elements of justice, also connecting justice with legitimacy, democracy, the rule of law, and other key principles of European law. Taking justice seriously is no doubt an indispensable element of any mature constitutional system. In starting the debate on justice in the EU context and immediately involving a number of leading scholars into the debate, the working paper aims at bridging an important gap in our theorising of European integration and law by starting a wide exchange on the topic of key importance, which is the essence of Justice, informing the integration project in Europe.
Author: Hans-W Micklitz
Publisher: Cambridge University Press
ISBN: 1108424120
Category : Law
Languages : en
Pages : 489
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Book Description
Compares national concepts of social justice with the developing European concept of access justice.
Author: Dimitry Kochenov
Publisher: Bloomsbury Publishing
ISBN: 178225482X
Category : Law
Languages : en
Pages : 512
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Book Description
The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
Author: Francesca Bignami
Publisher: Cambridge University Press
ISBN: 1108485081
Category : Law
Languages : en
Pages : 611
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Book Description
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Author: Matthias Ruffert
Publisher: sellier. european law publ.
ISBN: 3935808917
Category : Administrative law
Languages : en
Pages : 335
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Book Description
"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
