European Union Law

The Pluralist Character of the European Economic Constitution

By Clemens Kaupa
Hart Publishing August 2016

Specifications

ISBN-13
9781849467698
Publisher
Hart Publishing
Publication
August 2016
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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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.

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'
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