The Idea Of Economic Constitution In Europe


The Idea Of Economic Constitution In Europe
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The Idea Of Economic Constitution In Europe


The Idea Of Economic Constitution In Europe
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Author :
language : en
Publisher: BRILL
Release Date : 2022-06-08

The Idea Of Economic Constitution In Europe written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-08 with Law categories.


Behind the controversies that have marked the history of the idea of Economic Constitution emerges the highly political issue of the room for manoeuvre left to public authorities in the economic sphere. The notion thus encapsulates a fundamental tension: between democracy and rule of law, which model of legal ordering of the economy should prevail? From physiocrats to neo-liberals, from the Weimar Republic to European integration, from national constitutions to Global Governance, this collective book invites us to explore the genealogy of the controversial concept of Economic Constitution. The result of this interdisciplinary dialogue is a comprehensive reflection on the legal and political issues at stake in the current constitutionalization of the market order in Europe. Contributors are: Philippe Steiner, Guillaume Grégoire, Hugues Rabault, Peter C. Caldwell, Thomas Biebricher, Werner Bonefeld, Serge Audier, Vincent Valentin, Pieter van Cleynenbreugel, Xavier Miny, Frédéric Marty, Claire Mongouachon, Hans-Wolfgang Micklitz, Francesco Martucci, Michael Wilkinson, Hjalte Lokdam, Susanna Maria Cafaro, Peter Lindseth, Cristina Fasone, Pierre Nihoul, François Colly, Peter-Christian Müller-Graff, Tony Prosser, Damien Piron, Mahmoud Mohamed Salah, Stephen Gill, Thibault Biscahie, Sebastien Adalid, and Christian Joerges. Derrière les controverses qui jalonnent l’histoire de l’idée de Constitution économique émerge la question éminemment politique de la marge de manœuvre laissée aux autorités publiques dans la sphère économique. La notion cristallise ainsi une tension fondamentale : entre démocratie et État de droit, quel doit être modèle d’organisation et d’ordonnancement juridique de l’économie? Des physiocrates aux néolibéraux, de la République de Weimar à l’intégration européenne, des constitutions nationales à la Global Governance, cet ouvrage collectif nous invite dès lors à explorer la généalogie du concept polémique de Constitution économique. Les auteurs ouvrent alors, à travers un dialogue interdisciplinaire constant, une réflexion globale autour des enjeux juridiques et politiques du processus actuel de constitutionnalisation de l’ordre de marché en Europe.



The Metamorphosis Of The European Economic Constitution


The Metamorphosis Of The European Economic Constitution
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Author : Herwig C.H. Hofmann
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019

The Metamorphosis Of The European Economic Constitution written by Herwig C.H. Hofmann and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.


Demonstrating the ways in which the micro and macro-economic constitutions of Europe have reacted to legal measures enacted to counter the economic crisis of the past decade, this innovative book takes an interdisciplinary approach in its attempt to understand and portray the metamorphosis of the European Economic Constitution. It contains contributions from leading scholars and experts in European economic law, discussing the challenges, solutions found, problems arising and possible approaches to embed the economic constitution in the broader constitutional framework of the EU. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}



The Pluralist Character Of The European Economic Constitution


The Pluralist Character Of The European Economic Constitution
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Author : Clemens Kaupa
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-08-25

The Pluralist Character Of The European Economic Constitution written by Clemens Kaupa and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-25 with Law categories.


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 paradigm, it shows that European law allows the pursuit of very different regulatory projects by the European and the national legislators. This pluralist character of the European economic constitution stands in an uncomfortable relationship with the policies currently pursued by the European Union, which are often neoliberal in their orientation. The book takes an interdisciplinary approach: it analyses the Treaty on the Functioning of the European Union as interpreted and developed in the case law of the Court of Justice, its history, and its regulatory purpose in the light of conflicting socio-economic paradigms. By challenging the orthodoxy, the book makes a bold proposition that will likely resonate in both European economic 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.



The Political Economy Of The European Constitution


The Political Economy Of The European Constitution
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Author : Professor Luigi Paganetto
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2012-10-01

The Political Economy Of The European Constitution written by Professor Luigi Paganetto and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-01 with Business & Economics categories.


The enlargement process, the creation of the Monetary Union and the need to promote further the political and economic integration of Europe have ignited an intense debate at the European level among researchers and policy-makers. Examining the effects that political, legal, and regulatory institutions have on economic development, this book provides new contributions on the political economy of the European constitution. It covers many issues including social protection, fiscal reform and regional policies that are on the table of European policy makers. Furthermore, it provides ideas and analysis of such issues as the problem of voting reform, the centralization and decentralization of the policy process and the allocation of new policy prerogatives at the EU level which are crucial for the design of a new European constitution.



Social Rights And Market Freedom In The European Constitution


Social Rights And Market Freedom In The European Constitution
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Author : Stefano Giubboni
language : en
Publisher: Cambridge University Press
Release Date : 2006-01-12

Social Rights And Market Freedom In The European Constitution written by Stefano Giubboni and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-12 with Law categories.


This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.



Constitutional Law And Economics Of The European Union


Constitutional Law And Economics Of The European Union
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Author : Dieter Schmidtchen
language : en
Publisher: Edward Elgar Publishing
Release Date : 1997-01-01

Constitutional Law And Economics Of The European Union written by Dieter Schmidtchen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Law categories.


'. . . Most papers are followed by remarks from two commentators, which provide a useful summary of the issues at stake.' - Keith Tribe, The Economic Journal '. . . With its constitutional law and economics approach to European integration, this book is both interesting and useful for academics, policymakers and students of the EU.' - Nina Grager, Journal of Peace Research The process of European integration is at a crossroads. As the Union becomes larger in terms of members, the institutional structures and decision making procedures will have to change in order for it to make policy initiatives. To meet these challenges, the Union will need an effective institutional and constitutional structure which must be both democratic and acceptable to its citizens.



Economic And Social Integration


Economic And Social Integration
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Author : Dagmar Schiek
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01

Economic And Social Integration written by Dagmar Schiek and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Business & Economics categories.


'Dagmar Schiek has written a timely and vital book. Following financial and sovereign debt crises, the European Union is in crisis. As responses to crisis – for example fiscal union – appear to be couched in wholly technocratic terms, a European public is entitled to ask whether the European Union has any respect for established national traditions of social constitutionalism and social welfare. Dagmar Schiek addresses these questions, both in a historical and contemporary context of social constitutionalism, arguing forcefully for the need to establish social legitimacy within Europe. I recommend this book to all researchers and students of European Union.' – Michelle Everson, Birkbeck College, University of London, UK 'Is there a "European social space"? What is the place of "social integration" alongside "economic integration" in the EU? Has a "socially embedded constitutionalism" been developed in parallel with the internal market case law of the CJEU? Dagmar Schiek in her comprehensive and interdisciplinary study gives refreshing new answers under the recent Lisbon Treaty.' – Norbert Reich, Universität Bremen, Germany 'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' – Tonia Novitz, University of Bristol, UK This well-researched book analyses the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favours economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labour law, and welfare state theory. Undergraduate students in labour law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.



The Many Constitutions Of Europe


The Many Constitutions Of Europe
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Author : Suvi Sankari
language : en
Publisher: Routledge
Release Date : 2016-03-03

The Many Constitutions Of Europe written by Suvi Sankari and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.


This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.



We The Court


We The Court
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Author : Luis Miguel Poiares Pessoa Maduro
language : en
Publisher: Bloomsbury Publishing
Release Date : 1998-02-01

We The Court written by Luis Miguel Poiares Pessoa Maduro and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-02-01 with Law categories.


The need to balance power between the Member States and the Union and between public power and the market has created powerful constitutional dilemmas for the European Union. Adopting an inter-disciplinary approach and drawing upon the jurisprudence developed around Article 30, this new book offers both a descriptive and a normative analysis of the European Economic Constitution and discusses the role of the European Court of Justice in its development and in the review of State and Community legislation. The book is particularly relevant in view of the present debates on the European Constitution and the reform of the regulatory State.



European Republic


European Republic
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Author : Stefan Collignon
language : en
Publisher: Federal Trust
Release Date : 2003

European Republic written by Stefan Collignon and has been published by Federal Trust this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Political Science categories.


This text contributes to the debate on Europe's future, taking a political economy approach to analysing some of the underlying issues. It argues that collective action problems require a courageous step forward in creating coherent governance structures for the Union and that it has become essential to give European citizens their democratic right to political automony, taking the European common concern out of the sole hands of national governments. Topics include: the essence of European integration; the changing context of European unification; collective action and economic federalism; and implications for a European Constitution.