Europe’s Justice Deficit? - Hardcover

Hardcover

ISBN 10: 1849465274 ISBN 13: 9781849465274

Publisher: Hart Publishing, 2015

Synopsis

The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.

About this title

From the Author

Dimitry Kochenov, Gráinne de Búrca and Andrew Williams are respectively Professor of EU Constitutional Law at Groningen Faculty of Law, Florence Ellinwood Professor of Law at NYU Law School and Professor at Warwick School of Law.

Review

The critical assessment provided by this book will help to create a fuller picture of the justice deficit in the EU, and open up an important new avenue of legal research. (Hans-W Micklitz Journal of Consumer Policy)

About this edition

• Publisher: Hart Publishing
• Publication date: 2015
• ISBN 10: 1849465274
• ISBN 13: 9781849465274
• Binding: Hardcover
• Number of pages: 510
• Editor: Kochenov Dimitry, Búrca Gráinne De, Williams Andrew