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We the Court: The European Court of Justice and the European Economic Constitution (eBook)

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ISBN13: 9781847317926
ISBN: 1847317928
Published: February 1998
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £54.16 + £10.83 VAT
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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.

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Subjects:
EU Law, eBooks
Contents:
Part 1: the creation; the constitutionalisation of community law - the legitimacy of the European Court of Justice and Community Law; the European Court among reasons, rules and institutions; framing the constitution 1 - legal reasoning; framing the constitution 2 - litigation; framing the constitution 3 - legal discourse and legal pluralism.
Part 2: the classical readings of Article 30 and the European economic constitution; the classical readings of Article 30 - discrimination versus balancing; the underlying conflict - economic liberalism versus anti-protectionism.
Part 3: the judicial model of the European economic constitution and Article 30 - majoritarian activism; the expansion of Article 30 and the limits to state regulation of the market; the European Court of Justice - majoritarian activism after Keck; market maintenance and market building; the European Court's market building and market maintenance - different approaches to the European economic constitution.
Part 4: the alternative models of the European economic constitution; the debate on Article 30 and European regulation - institutional choices, constitutional models and the legitimacy of European law; the centralised model of the European economic constitution (harmonisation); the competitive model of the European economic constitution (competition among rules); the decentralised model of the European economic constitution (state regulation under non-discrimination).
Part 5: Article 30 and the European economic constitution - reforming the market or the state?; constitutional models, goals and institutions; economic due process versus anti-protectionism; the open character of the European economic constitution; the European economic constitution and anti-protectionism; beyond anti-protectionism - the political aspects of European integration and the constitutionalisation of European Community law; a constitutional law approach to Article 30; constitutional models and the legitimacy of European law.