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Vol 22 No 11 Nov/Dec 2017

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Cover of The Law of Contract Damages

The Law of Contract Damages

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The European Constitution, Welfare States and Democracy: Conflicts between the Four Freedoms and National Administrative Discretion


ISBN13: 9780415610735
Published: October 2011
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £110.00
Paperback edition , ISBN13 9780415859264



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Also available as
£33.32
+ £6.66 VAT

This book explores how the right to free movement of goods, persons, services and capital in the European Union legal order affects the nation-states and the peoples of Europe. The four freedoms, as they are known, are vital for the construction and protection of the European market without internal frontiers. As such the four freedoms have been recognized as elements of a European constitutional order, which may challenge the autonomy of national constitutions and parliaments. But how do the four freedoms affect the autonomy of national governments and administrative authorities? Can the effects of the rights to free movement on national governments and administrative authorities provide new insights into how the European Union legal order affects nation-states and the peoples of Europe?

This book explores the relations and conflicts between the European constitution and the legal regulation of mixed economies and markets within welfare-states. In particular it looks at the discretionary powers enjoyed by national governments and administrative authorities, which have been used by welfare states to provide opportunities to include affected interests, experts, and users in public decision-making, and thereby fulfil democratic ideals such as inclusion and deliberation in complex and differentiated societies. The book analyses a series of judgments from the European Court of Justice which indicate that the four freedoms may be incompatible with the practice of entrusting national authorities with discretionary powers, and shows how this creates a democratic dilemma for welfare states.

Subjects:
EU Law
Contents:
1. Introduction
2. Democracy, National Administration and the European Constitution
3. Administrative Discretion – A Restriction to Free Movement
4. The European Constitution, Democracy and Administrative Discretion
5. Administrative Discretion and Democracy in Norway
6. The European Relevance of the Norwegian Case
7. The European Constitution, Welfare States and Democracy

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The Right to Family Life in the European Union (eBook) ISBN 9781317287582
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European Perspectives on Environmental Law and Governance ISBN 9781138809680
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The Evolving EU Counter-terrorism Legal Framework (eBook) ISBN 9781136493836
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The Evolving EU Counter-terrorism Legal Framework ISBN 9780415557580
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Turkey’s Accession to the European Union: The Politics of Exclusion? ISBN 9780415577854
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New Governance and the European Strategy for Employment ISBN 9780415467797
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Centralised Enforcement, Legitimacy and Good Governance in the EU ISBN 9780415467841
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