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The need to balance power between the Member States and the Union, and between public power and the market has created powerful constitutional dilemmas for the European Union.
Adopting an inter-disciplinary approach and drawing upon the jurisprudence developed around Article 30, this book offers both a descriptive and a normative analysis of the European Economic Constitution and discusses the role of the European Court of Justice in its development and in the review of State and Community legislation. The book is relevant to debates on the European Constitution and the reform of the regulatory State.
The book proposes a different interpretation of the European Court of Justice case-law and discusses three models of the European Economic Constitution: decentralized, centralized and competitive. It also argues that the best source of legitimacy for European law lies in new forms of representation and participation helping to reform both the market and the State. The book stresses the role of European law as a tool to promote participation and representation of all European Union citizens in national political processes.