The Idea Of Economic Constitution In Europe

Author : Anonim
Publisher : BRILL
Page : 847 pages
File Size : 50,5 Mb
Release : 2022-06-08
Category : Law
ISBN : 9789004519350

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The Idea of Economic Constitution in Europe by Anonim Pdf

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 : Herwig C.H. Hofmann,Katerina Pantazatou,Giovanni Zaccaroni
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 52,6 Mb
Release : 2019
Category : Law
ISBN : 9781788978309

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The Metamorphosis of the European Economic Constitution by Herwig C.H. Hofmann,Katerina Pantazatou,Giovanni Zaccaroni Pdf

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 : Clemens Kaupa
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 51,5 Mb
Release : 2016-08-25
Category : Law
ISBN : 9781509901081

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The Pluralist Character of the European Economic Constitution by Clemens Kaupa Pdf

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 : Professor Luigi Paganetto
Publisher : Ashgate Publishing, Ltd.
Page : 280 pages
File Size : 40,8 Mb
Release : 2012-10-01
Category : Business & Economics
ISBN : 9781409462989

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The Political Economy of the European Constitution by Professor Luigi Paganetto Pdf

The enlargement process, the creation of the Monetary Union and the need to promote further the political and economic integration of Europe have ignited an intense debate at the European level among researchers and policy-makers. Examining the effects that political, legal, and regulatory institutions have on economic development, this book provides new contributions on the political economy of the European constitution. It covers many issues including social protection, fiscal reform and regional policies that are on the table of European policy makers. Furthermore, it provides ideas and analysis of such issues as the problem of voting reform, the centralization and decentralization of the policy process and the allocation of new policy prerogatives at the EU level which are crucial for the design of a new European constitution.

Author : Dieter Schmidtchen,Robert Cooter
Publisher : Edward Elgar Publishing
Page : 326 pages
File Size : 54,7 Mb
Release : 1997-01-01
Category : Law
ISBN : 1781959684

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Constitutional Law and Economics of the European Union by Dieter Schmidtchen,Robert Cooter Pdf

'. . . Most papers are followed by remarks from two commentators, which provide a useful summary of the issues at stake.' - Keith Tribe, The Economic Journal '. . . With its constitutional law and economics approach to European integration, this book is both interesting and useful for academics, policymakers and students of the EU.' - Nina Grager, Journal of Peace Research The process of European integration is at a crossroads. As the Union becomes larger in terms of members, the institutional structures and decision making procedures will have to change in order for it to make policy initiatives. To meet these challenges, the Union will need an effective institutional and constitutional structure which must be both democratic and acceptable to its citizens.

Author : Stefan Collignon
Publisher : Federal Trust
Page : 216 pages
File Size : 55,7 Mb
Release : 2003
Category : Political Science
ISBN : UCSC:32106017249365

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European Republic by Stefan Collignon Pdf

This text contributes to the debate on Europe's future, taking a political economy approach to analysing some of the underlying issues. It argues that collective action problems require a courageous step forward in creating coherent governance structures for the Union and that it has become essential to give European citizens their democratic right to political automony, taking the European common concern out of the sole hands of national governments. Topics include: the essence of European integration; the changing context of European unification; collective action and economic federalism; and implications for a European Constitution.

Author : Dagmar Schiek
Publisher : Edward Elgar Publishing
Page : 348 pages
File Size : 45,8 Mb
Release : 2012-01-01
Category : Business & Economics
ISBN : 9781781005170

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Economic and Social Integration by Dagmar Schiek Pdf

'Dagmar Schiek has written a timely and vital book. Following financial and sovereign debt crises, the European Union is in crisis. As responses to crisis – for example fiscal union – appear to be couched in wholly technocratic terms, a European public is entitled to ask whether the European Union has any respect for established national traditions of social constitutionalism and social welfare. Dagmar Schiek addresses these questions, both in a historical and contemporary context of social constitutionalism, arguing forcefully for the need to establish social legitimacy within Europe. I recommend this book to all researchers and students of European Union.' – Michelle Everson, Birkbeck College, University of London, UK 'Is there a "European social space"? What is the place of "social integration" alongside "economic integration" in the EU? Has a "socially embedded constitutionalism" been developed in parallel with the internal market case law of the CJEU? Dagmar Schiek in her comprehensive and interdisciplinary study gives refreshing new answers under the recent Lisbon Treaty.' – Norbert Reich, Universität Bremen, Germany 'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' – Tonia Novitz, University of Bristol, UK This well-researched book analyses the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favours economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labour law, and welfare state theory. Undergraduate students in labour law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.

Author : Suvi Sankari,Professor Kaarlo Tuori
Publisher : Ashgate Publishing, Ltd.
Page : 407 pages
File Size : 45,5 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409497295

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The Many Constitutions of Europe by Suvi Sankari,Professor Kaarlo Tuori Pdf

This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.

Author : Stefano Giubboni
Publisher : Cambridge University Press
Page : 266 pages
File Size : 51,8 Mb
Release : 2006-01-12
Category : Law
ISBN : 9781139447782

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Social Rights and Market Freedom in the European Constitution by Stefano Giubboni Pdf

This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.

Author : Christian Joerges,Bo Stråth,Peter Wagner
Publisher : Psychology Press
Page : 252 pages
File Size : 55,6 Mb
Release : 2005
Category : Capitalism
ISBN : 1844720691

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The Economy as a Polity by Christian Joerges,Bo Stråth,Peter Wagner Pdf

Presenting a novel view on the interaction between states and markets, this volume explores contemporary capitalism by regarding the economy as a polity, as an arrangement that is constituted by some collective agreements about its mode of operation.

Author : Anneli Albi,Samo Bardutzky
Publisher : Springer
Page : 1522 pages
File Size : 41,6 Mb
Release : 2019-05-29
Category : Law
ISBN : 9789462652736

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National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by Anneli Albi,Samo Bardutzky Pdf

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Author : Turkuler Isiksel
Publisher : Oxford University Press
Page : 305 pages
File Size : 53,7 Mb
Release : 2016
Category : Law
ISBN : 9780198759072

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Europe's Functional Constitution by Turkuler Isiksel Pdf

Through a critical appraisal of the European Union and its legal system, this book evaluates the extent to which constitutionalism as an empirical idea and normative ideal can be adapted to institutions beyond the state.

Author : Lynn Dobson,Andreas Follesdal
Publisher : Routledge
Page : 256 pages
File Size : 47,9 Mb
Release : 2004-08-02
Category : Political Science
ISBN : 9781134297047

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Political Theory and the European Constitution by Lynn Dobson,Andreas Follesdal Pdf

In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory. The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders: * European values, especially the legitimate role of alleged common values * liberty and powers - how does the draft Constitution address competing normative preferences? * the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.

Author : Gisela Stuart
Publisher : Unknown
Page : 72 pages
File Size : 45,7 Mb
Release : 2003
Category : Law
ISBN : UOM:39015056934972

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The Making of Europe's Constitution by Gisela Stuart Pdf

Author : Tony Prosser
Publisher : Oxford University Press, USA
Page : 296 pages
File Size : 40,9 Mb
Release : 2014
Category : Law
ISBN : 9780199644537

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The Economic Constitution by Tony Prosser Pdf

This title examines the constitutional framework for management of the economy in the UK, including the effects of the 2008 financial crisis. It assesses the extent to which legal principles limit the policy choices available to government and the extent to which they permit a coherent approach to economic management across government.