The Pluralist Character Of The European Economic Constitution

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The Pluralist Character of the European Economic Constitution

Clemens Kaupa
The Pluralist Character of the European Economic Constitution Book PDF

Author : Clemens Kaupa
Publisher : Bloomsbury Publishing
Page : 400 pages
File Size : 41,6 Mb
Release : 2016-08-25
Category : Law
ISBN : 9781509901098

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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.

The Pluralist Character of the European Economic Constitution

Clemens Kaupa
The Pluralist Character of the European Economic Constitution Book PDF

Author : Clemens Kaupa
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 53,7 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.

The Metamorphosis of the European Economic Constitution

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

Author : Herwig C.H. Hofmann,Katerina Pantazatou,Giovanni Zaccaroni
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 44,9 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}

The Euro Crisis and Constitutional Pluralism

Tomi Tuominen
The Euro Crisis and Constitutional Pluralism Book PDF

Author : Tomi Tuominen
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 51,9 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781800371590

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The Euro Crisis and Constitutional Pluralism by Tomi Tuominen Pdf

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.

The Tangled Complexity of the EU Constitutional Process

Giuseppe Martinico
The Tangled Complexity of the EU Constitutional Process Book PDF

Author : Giuseppe Martinico
Publisher : Taylor & Francis
Page : 175 pages
File Size : 47,6 Mb
Release : 2022-08-05
Category : Law
ISBN : 9781000630695

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The Tangled Complexity of the EU Constitutional Process by Giuseppe Martinico Pdf

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.

The Idea of Economic Constitution in Europe

Anonim
The Idea of Economic Constitution in Europe Book PDF

Author : Anonim
Publisher : BRILL
Page : 847 pages
File Size : 41,5 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.

Accommodating Diversity in Multilevel Constitutional Orders

Maja Sahadžić,Marjan Kos,Jaka Kukavica,Jakob Gašperin Wischhoff,Julian Scholtes
Accommodating Diversity in Multilevel Constitutional Orders Book PDF

Author : Maja Sahadžić,Marjan Kos,Jaka Kukavica,Jakob Gašperin Wischhoff,Julian Scholtes
Publisher : Taylor & Francis
Page : 262 pages
File Size : 42,7 Mb
Release : 2023-07-19
Category : Law
ISBN : 9781000909494

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Accommodating Diversity in Multilevel Constitutional Orders by Maja Sahadžić,Marjan Kos,Jaka Kukavica,Jakob Gašperin Wischhoff,Julian Scholtes Pdf

This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

Economic Constitutionalism in a Turbulent World

Achilles Skordas,Gábor Halmai,Lisa Mardikian
Economic Constitutionalism in a Turbulent World Book PDF

Author : Achilles Skordas,Gábor Halmai,Lisa Mardikian
Publisher : Edward Elgar Publishing
Page : 379 pages
File Size : 51,6 Mb
Release : 2023-05-09
Category : Law
ISBN : 9781789907575

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Economic Constitutionalism in a Turbulent World by Achilles Skordas,Gábor Halmai,Lisa Mardikian Pdf

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.

Legal Pluralism in European Contract Law

Vanessa Mak
Legal Pluralism in European Contract Law Book PDF

Author : Vanessa Mak
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 45,6 Mb
Release : 2020-09-10
Category : Law
ISBN : 9780198854487

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Legal Pluralism in European Contract Law by Vanessa Mak Pdf

This book deals with lawmaking in consumer markets, focusing on the increased importance of contracts and self-regulation which have become primary instruments for designing and monitoring legal relationships between businesses and consumers. It asks how common values and objectives of EU law can be protected when lawmaking shifts beyond state law.

Research Handbook on Legal Pluralism and EU Law

Gareth Davies,Matej Avbelj
Research Handbook on Legal Pluralism and EU Law Book PDF

Author : Gareth Davies,Matej Avbelj
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 46,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781786433091

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Research Handbook on Legal Pluralism and EU Law by Gareth Davies,Matej Avbelj Pdf

The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.

Social Legitimacy in the Internal Market

Jotte Mulder
Social Legitimacy in the Internal Market Book PDF

Author : Jotte Mulder
Publisher : Bloomsbury Publishing
Page : 444 pages
File Size : 51,9 Mb
Release : 2018-05-17
Category : Law
ISBN : 9781509914548

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Social Legitimacy in the Internal Market by Jotte Mulder Pdf

This book is concerned with the social legitimacy of internal market law. What does social legitimacy entail within the multi-level 'embedded liberalism' construction of the internal market? How can the objectives of the internal market that focus on economic rights and a commitment to social diversity both be pursued without one necessarily trumping the other? These questions continue to challenge the very core of European integration. How can the diversity of Member States' 'social systems' and the varying normative infrastructure of their economies be sustainably accommodated within the internal market? This book seeks to contribute to these questions by discussing what has come to be known as the argument from transnational effects and the development of an adjudicative model for the European Court of Justice that can be termed 'socially responsive'. Drawing on the historical insights of Karl Polanyi it argues that the internal market can only be held to be socially legitimate where it supports the requirement for further market integration while still responding to social practices and values within the member states. The book presents in-depth studies of the case law of the Court in the areas of EU free movement, competition and state aid law. In so doing, this important new study aims to provide the language and tools for assessing social legitimacy in the internal market.

European Constitutional Imaginaries

Jan Komárek
European Constitutional Imaginaries Book PDF

Author : Jan Komárek
Publisher : Oxford University Press
Page : 417 pages
File Size : 44,7 Mb
Release : 2023-03-02
Category : Electronic
ISBN : 9780192855480

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European Constitutional Imaginaries by Jan Komárek Pdf

How can the EU be made legitimate and sustainable through (constitutional) law - and what is the role of constitutional lawyers and their ideas in creating this "sense of legitimacy"? This book seeks to answer these questions through the concept of the "constitutional imaginary": sets of ideas and beliefs that motivate and justify the practice of government and collective self-rule. Constitutional imaginaries are as important as institutions and office- holders, as they provide political action with an overarching sense and purpose recognized as legitimate by those governed. Constitutional imaginaries are 'necessary fictions' that make political rule possible, and at the same time they are ideologies which hide from view various forms of domination. European Constitutional Imaginaries deals with a variety of questions and is split into four parts to address: the first part explores in more detail various meanings of European constitutional imaginary, as seen by different disciplines: legal sociology, political and constitutional theory, and philosophy. The second part revisits the contribution of some key authors to the creation of European constitutional imaginaries, and the third part offers various new ways of thinking about European constitutionalism. The fourth and final part examines political economy behind various constitutional imaginaries. Written by a balanced mix of well-established authors and newer talent, European Constitutional Imaginaries promises to open debates on European constitutionalism that are necessary to understanding Europe's present predicament and its various crises, all navigated through the medium of law.

Public Services and EU Competition Law

Daniele Gallo
Public Services and EU Competition Law Book PDF

Author : Daniele Gallo
Publisher : Taylor & Francis
Page : 132 pages
File Size : 51,9 Mb
Release : 2022-06-09
Category : Law
ISBN : 9781000589290

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Public Services and EU Competition Law by Daniele Gallo Pdf

This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States’ sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs’ regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a ‘Community based on the rule of law’. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law.

The EU Social Market Economy and the Law

Delia Ferri,Fulvio Cortese
The EU Social Market Economy and the Law Book PDF

Author : Delia Ferri,Fulvio Cortese
Publisher : Routledge
Page : 347 pages
File Size : 53,5 Mb
Release : 2018-07-20
Category : Law
ISBN : 9781351068505

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The EU Social Market Economy and the Law by Delia Ferri,Fulvio Cortese Pdf

Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.

Conflict and Transformation

Christian Joerges
Conflict and Transformation Book PDF

Author : Christian Joerges
Publisher : Bloomsbury Publishing
Page : 619 pages
File Size : 52,6 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781509926961

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Conflict and Transformation by Christian Joerges Pdf

In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe's darker legacies. This is an important critical (and candid) assessment of Europe at its half century.