Social Legitimacy in the Internal Market: A Dialogue of Mutual Responsiveness

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Social Legitimacy in the Internal Market: A Dialogue of Mutual Responsiveness

By Jotte Mulder
Hart Publishing May 2018

Specifications

ISBN-13
9781509914531
Publisher
Hart Publishing
Publication
May 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book asks whether the European internal market has had a legitimate social impact; ie whether there has been constructive interplay between integration and social/non-market objectives.

Drawing on the historical insights of Karl Polanyi it argues that the internal market can only be held to be socially legitimate where it supports the requirement for further market integration while still responding to social practices and values within the member states.

In so doing, this important new study provides the language and tools for assessing the social legitimacy of the internal market.

Table of Contents

I. Background
II. The Argument
III. Approach
IV. Outlook and Contribution

1. Social Legitimacy, the Social Sphere and Embeddedness within the Internal Market
I. The Normative Framework of Social Legitimacy
II. The Social Sphere within the Internal Market
III. The Instructive Value of Embeddedness
IV. Transnational Effects and the Legitimacy of the Social Deficit
V. Social Legitimacy in the Context of Internal Market Adjudication
VI. Outlook

2. Social Legitimacy in EU Free Movement Law
I. Introduction
II. Valuation, Indeterminacy and Incommensurability in Free Movement Adjudication
III. The Proportionality Analysis of the Court
IV. A Dialogue of Mutual Responsiveness
V. Conclusion

3. Social Legitimacy in EU Competition Law
I. Introduction
II. Valuation, Indeterminacy and Incommensurability in EU Competition Law
III. Responsiveness in the Case Law of the Court
IV. A Dialogue of Mutual Responsiveness
V. Conclusion

4. Social Legitimacy in EU State Aid Law
I. Introduction
II. Valuation, Indeterminacy and Incommensurability in State Aid Law
III. Responsiveness in the Case Law of the Court
IV. A Dialogue of Mutual Responsiveness
V. Conclusion

5. Conclusion: Social Legitimacy in the Internal Market on the Basis of a Dialogue of Mutual Responsiveness
I. The Argument as a Whole: Normative Claims and Results
II. Social Legitimacy in the Internal Market: Free Movement, Competition and State Aid
III. Some Final Remarks
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