Administrative / Constitutional Law

The Pluralist Character of the European Economic Constitution

By Clemens Kaupa
Hart Publishing December 2018

Specifications

ISBN-13
9781509926442
Publisher
Hart Publishing
Publication
December 2018
Format
Paperback , 288 pages
Jurisdiction
European Union ? Countri(es) for reference only

Also available as

Details

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.

Table of Contents

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'

About the Author

Clemens Kaupa is Assistant Professor at VU University Amsterdam.

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