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Author: Clemens Kaupa
Publisher: Bloomsbury Publishing
ISBN: 1509901094
Category : Law
Languages : en
Pages : 400
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Book Description
This monograph intervenes in the long-standing and controversial debate on the socio-economic orientation of the European Union. Arguing that the European economic constitution is pluralist in the sense that it does not favour any specific socio-economic paradigm, it shows that European law allows the pursuit of very different regulatory projects by the European and the national legislators. This pluralist character of the European economic constitution stands in an uncomfortable relationship with the policies currently pursued by the European Union, which are often neoliberal in their orientation. The book takes an interdisciplinary approach: it analyses the Treaty on the Functioning of the European Union as interpreted and developed in the case law of the Court of Justice, its history, and its regulatory purpose in the light of conflicting socio-economic paradigms. By challenging the orthodoxy, the book makes a bold proposition that will likely resonate in both European economic law scholarship and European law in general. With the ongoing economic crisis triggering a significant interest in economic questions among legal scholars it is particularly timely and topical.
Author: Clemens Kaupa
Publisher: Bloomsbury Publishing
ISBN: 1509901094
Category : Law
Languages : en
Pages : 400
Get Book Here
Book Description
This monograph intervenes in the long-standing and controversial debate on the socio-economic orientation of the European Union. Arguing that the European economic constitution is pluralist in the sense that it does not favour any specific socio-economic paradigm, it shows that European law allows the pursuit of very different regulatory projects by the European and the national legislators. This pluralist character of the European economic constitution stands in an uncomfortable relationship with the policies currently pursued by the European Union, which are often neoliberal in their orientation. The book takes an interdisciplinary approach: it analyses the Treaty on the Functioning of the European Union as interpreted and developed in the case law of the Court of Justice, its history, and its regulatory purpose in the light of conflicting socio-economic paradigms. By challenging the orthodoxy, the book makes a bold proposition that will likely resonate in both European economic law scholarship and European law in general. With the ongoing economic crisis triggering a significant interest in economic questions among legal scholars it is particularly timely and topical.
Author: Clemens Kaupa
Publisher: Bloomsbury Publishing
ISBN: 1849467692
Category : Law
Languages : en
Pages : 401
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Book Description
This book is based in parts on my dissertation, which I wrote at the University of Vienna ('Dealing with competing socio-economic paradigms in Internal Market Law,' 2013), and my LL.M. Thesis, which I wrote at Harvard Law School ('Towards a distributive analysis of ECJ decisions,'2011)
Author: Herwig C.H. Hofmann
Publisher: Edward Elgar Publishing
ISBN: 1788978307
Category : Law
Languages : en
Pages : 351
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Book Description
Demonstrating the ways in which the micro and macro-economic constitutions of Europe have reacted to legal measures enacted to counter the economic crisis of the past decade, this innovative book takes an interdisciplinary approach in its attempt to understand and portray the metamorphosis of the European Economic Constitution. It contains contributions from leading scholars and experts in European economic law, discussing the challenges, solutions found, problems arising and possible approaches to embed the economic constitution in the broader constitutional framework of the EU. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Author: Giuseppe Martinico
Publisher: Taylor & Francis
ISBN: 1000630692
Category : Law
Languages : en
Pages : 175
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Book Description
Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of the EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, they are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner. The new edition will be of particular interest to academics and students in the disciplines of law, international relations, and political science.
Author:
Publisher: BRILL
ISBN: 9004519351
Category : Law
Languages : en
Pages : 847
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Book Description
Behind the controversies that have marked the history of the idea of Economic Constitution emerges the highly political issue of the room for manoeuvre left to public authorities in the economic sphere. The notion thus encapsulates a fundamental tension: between democracy and rule of law, which model of legal ordering of the economy should prevail? From physiocrats to neo-liberals, from the Weimar Republic to European integration, from national constitutions to Global Governance, this collective book invites us to explore the genealogy of the controversial concept of Economic Constitution. The result of this interdisciplinary dialogue is a comprehensive reflection on the legal and political issues at stake in the current constitutionalization of the market order in Europe. Contributors are: Philippe Steiner, Guillaume Grégoire, Hugues Rabault, Peter C. Caldwell, Thomas Biebricher, Werner Bonefeld, Serge Audier, Vincent Valentin, Pieter van Cleynenbreugel, Xavier Miny, Frédéric Marty, Claire Mongouachon, Hans-Wolfgang Micklitz, Francesco Martucci, Michael Wilkinson, Hjalte Lokdam, Susanna Maria Cafaro, Peter Lindseth, Cristina Fasone, Pierre Nihoul, François Colly, Peter-Christian Müller-Graff, Tony Prosser, Damien Piron, Mahmoud Mohamed Salah, Stephen Gill, Thibault Biscahie, Sebastien Adalid, and Christian Joerges. Derrière les controverses qui jalonnent l’histoire de l’idée de Constitution économique émerge la question éminemment politique de la marge de manœuvre laissée aux autorités publiques dans la sphère économique. La notion cristallise ainsi une tension fondamentale : entre démocratie et État de droit, quel doit être modèle d’organisation et d’ordonnancement juridique de l’économie? Des physiocrates aux néolibéraux, de la République de Weimar à l’intégration européenne, des constitutions nationales à la Global Governance, cet ouvrage collectif nous invite dès lors à explorer la généalogie du concept polémique de Constitution économique. Les auteurs ouvrent alors, à travers un dialogue interdisciplinaire constant, une réflexion globale autour des enjeux juridiques et politiques du processus actuel de constitutionnalisation de l’ordre de marché en Europe.
Author: Tomi Tuominen
Publisher: Edward Elgar Publishing
ISBN: 1800371594
Category : Law
Languages : en
Pages : 272
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Book Description
This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism.
Author: Troels Krarup
Publisher: Taylor & Francis
ISBN: 1000933202
Category : Business & Economics
Languages : en
Pages : 169
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Book Description
Since the creation of the euro and a European Central Bank, the European Union has persistently pursued financial market integration throughout periods of economic growth, membership enlargements, financial breakdown, and political crisis. While traditionally analysed in terms of clashing ideological orientations and strategic political interests, this book presents a novel and empirically grounded perspective on the issues around financial market integration by approaching them in terms of the knowledge problems that actors face. Drawing on European legal texts, policy documents and interviews with regulators, central bankers, and financial market professionals, this book is rich in empirical detail which reveals a close-knit set of knowledge problems, or paradoxes, of ‘the market’. These paradoxes are irreducible to a particular political ideology or national interests because they are rooted in the conceptual structure of the European treaties. Moreover, while these knowledge problems present themselves as uncertainties, tensions, and conflicts in practice, they also echo persistent conceptual and theoretical controversies in the field of economics. Indeed, this book demonstrates how ‘the market’ is adopted from economic theory into European treaty law, resulting in central bankers and regulators struggling with knowledge problems and conflicts paralleling classic debates in the academic discipline. This book will be of significant interest to political economists working on European economic integration and money and finance as well as readers of heterodox economics, economic sociology, and political and social theory more broadly.
Author: Achilles Skordas
Publisher: Edward Elgar Publishing
ISBN: 1789907578
Category : Law
Languages : en
Pages : 379
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Book Description
This insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism and places the discussion within contemporary theoretical frameworks.
Author: Josef Hien
Publisher: Bloomsbury Publishing
ISBN: 1509919066
Category : Law
Languages : en
Pages : 343
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Book Description
Ordoliberalism is a theoretical and cultural tradition of significant societal and political impact in post-war Germany. For a long time the theory was only known outside Germany by a handful of experts, but ordoliberalism has now moved centre stage after the advent of the financial crisis, and has become widely perceived as the ideational source of Germany's crisis politics. In this collection, the contributors engage in a multi-faceted exploration of the conceptual history of ordoliberalism, the premises of its founding fathers in law and economics, its religious underpinnings, the debates over its theoretical assumptions and political commitments, and its formative vision of societal ordering based upon a synthesis of economic theories and legal concepts. The renewal of that vision through the ordoliberal conceptualisation of the European integration project, the challenges of the current European crisis, and the divergent perceptions of ordoliberalism within Germany and by its northern and southern EU neighbours, are a common concern of all these endeavours. They unfold interdisciplinary affinities and misunderstandings, cultural predispositions and prejudices, and political preferences and cleavages. By examining European traditions through the lens of ordoliberalism, the book illustrates the diversity of European economic cultures, and the difficulty of transnational political exchanges, in a time of European crisis.
Author: Paul Dermine
Publisher: Cambridge University Press
ISBN: 1009216619
Category : Law
Languages : en
Pages : 425
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Book Description
An in-depth study of the Eurozone's economic governance and its constitutional foundations.
