European Union Law

Europe's Justice Deficit?

Edited by Dimitry Kochenov · Grainne de Burca · Andrew Williams
Hart Publishing June 2017

Specifications

ISBN-13
9781509915491
Publisher
Hart Publishing
Publication
June 2017
Format
Paperback , 468 pages
Jurisdiction
European Union ? Countri(es) for reference only

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Details

The legal and political evolution of the European Union has not, thus far, been accompanied by the articulation 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 remains largely unaddressed. This edited volume brings together contributions addressing both legal and philosophical aspects of justice in the European context. 

There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few pay attention to the implications for justice. The EU has moved beyond its initial emphasis on the establishment of an internal market, yet most legal analyses remain premised on the assumption that EU law still largely serves the purpose of perfecting 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 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.

"The question of the EU’s justice deficit could not be of greater relevance. Both scholars and politicians have often argued that the economic and other benefits of the EU compensate for any democratic failings. Yet, as the eurocrisis renders these benefits less apparent, it becomes more appropriate than ever to ask whether it distributes them and any accompanying costs in a just way. The responses of the contributors to this volume prove as disturbing as they are informative."
Professor Richard Bellamy, Director of the Max Weber Programme, European University Institute, Florence

"This is a remarkable volume which addresses a long-neglected question about the EU: situated between integration through market freedoms and an emerging constitutional project, how does the EU contribute to the achievement of justice? A set of lively, engaged and scholarly contributions which extend the boundaries of the debate. A must-read for all interested in European Studies."
Professor Seyla Benhabib, Eugene Meyer Professor of Political Science and Philosophy at Yale University

"The list of authors reads like a veritable "Who's Who of European studies"... The outcome is fascinating, enormously rich and diverse (with the authors occasionally disagreeing with each other) - just as Europe is. Once you have read it, you realize what an important void it has filled. It opens up a new, fresh perspective within the European studies, and I can safely predict that it will become a canon, by reference to which we will be discussing "justice in/of Europe" in the years to come."
Wojciech Sadurski, Challis Professor of Jurisprudence, The University of Sydney Faculty of Law

"By arranging a multi-disciplinary discussion about justice in the EU "as a flow of ideas" this most engaging book offers a gripping account of justice as the proverbial contested concept... The editors have succeeded in bringing together a group of feisty scholars keen to present their rather diverse, and at times even exclusive, take on the meaning of justice...A must read for all interested in justice, nothwithstanding their own disciplinary home."
Prof Antje Wiener, Chair in Political Science, especially Global Governance, University of Hamburg

Table of Contents

Foreword
Preface
Table of cases
The list of contributors
Introduction
1. Introduction: Europe's Justice Deficit: The editors

Part I The Many Faces of Justice in the EU
2. Justice and Justification: Neil Walker
3. No Need to Be Afraid of Justice. Democracy and Justification in the EU: Jurgen Neyer
4. Disproportionate Individualism: Stavros Tsakyrakis
5. Problems with Justice in the European Union: Andrew Williams
6. The Preoccupation with Rights and the Embrace of Inclusion: A Critique: Alexander Somek
7. A Reply to Somek: Andrew Williams
8. The EU as a Justice Enabling Institution: A Sen-Inspired Vision: Dimitry Kochenov
9. The 'Justice Deficit' Debate in EU Private Law: Daniela Caruso

Part II Justice and Institutions
10. The Role of Institutional Justice as a Check of Empirical Anarchy: Suryapratim Roy
11. The Expressive Deficit of EU Law: Gareth Davies
12. Institutional Responsiveness in the EU: Vlad Perju
13. Liberal Constitutionalism, the European Social Market, and the 'Importance of Background Justice': Oliver Gerstenberg
14. Justice Deficit and Legality Review of EU Acts: Dorota Leczykiewicz

Part III Social Justice and Solidarity in Europe
15. Swabian Housewives, Suffering Southerners: The Contestability of Justice as Exemplified by the Eurozone Crisis: Danny Nicol
16. Markets, Demoi, and Social Justice: Reflections on the Crisis of the European Union: Mike Wilkinson
17. The Choice for Sustainable Solidarity in Europe: Kalypso Nicolaidis and Juri Viehoff
18. National and Transnational Justice Claims: Floris de Witte
19. Double Life of the European Union: The EU's Human Rights Duties and Responsibilities for Human Rights: Samantha Besson

Part IV Justice, Movement and Space
20. Spatial Justice in the EU: Antonia Layard
21. Justice from Below: Tackling the Local Inequalities in the EU: Fernanda Nicola
22. Taking Change Seriously - The Discourse of Justice and the Reproduction of the Status Quo: Damjan Kukovec
23. A Short Enquiry Concerning Political Justice in Europe and Its Influence on Democracy and Fairness: Agustin Menendez

Part V Justice and the Political
24. In the Name of the People: EU Justice as Politics: Daniel Augenstein
25. Political Justice for an Ever Closer Union of European Peoples: Richard Bellamy
26. Contingency of Political Justice and Depoliticized Governance in the EU: Jiri Priban
27. Is a Transnational Citizenship (Still) Enough?: Justine Lacroix
28. Justice, the Public Square and Differentiated Citizenship in the EU: Dora Kostakopoulou

Part VI Generational Justice in Europe
29. Vulnerability and Victimhood as Grounds for Reparative Justice Distributive in Nature: Andras Sajo
30. Just Fatherlands? The Shoah Legacy in Strasbourg Jurisprudence: Carole Lyons
31. Negotiating Nature and Ecological Justice in the EU: Jane Holder
32. Two Visions of Justice in the EU: Sionaidh Douglas-Scott Conclusion
33. Conclusion: Reclaiming the Importance of Justice: The editors

About the Author

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

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