The Pluralist Character of the European Economic Constitution

Author: Clemens Kaupa
Publisher: Hart Publishing
ISBN: 9781509926442

Published In: December 2018
Format: Paperback , 288 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849467698

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Author

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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 model, it shows that internal market law allows the pursuit of very different regulatory projects by the European and the national legislators. The book takes an interdisciplinary approach: the three main chapters analyse the history of the internal market, its regulatory purpose in the light of current socio-economic conflicts and its textual basis as interpreted and developed in the case law of the Court of Justice of the European Union.

By challenging the orthodoxy, the book makes a bold proposition that will likely resonate in both internal market 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.

Introduction

1. Interpreting the Treaty in its Historical Context

I: The Treaty of Rome

2. Interpreting the Treaty in its Historical Context

II: The 1992 Project

3. The Internal Market Law Provisions and the Case Law Developed on its Basis

4. A Purposive Interpretation of the Treaty: The Pursuit of the Union's Diverse Socio-Economic Objectives, and Economics as Contested Knowledge

5. Monetary Union, the Measures Enacted Since 2008 and the 'European Macroeconomic Constitution'

Clemens Kaupa is Assistant Professor at VU University Amsterdam.