Europe’s Justice Deficit?

Editat de Professor Dr Dimitry Kochenov, Gráinne de Búrca, Andrew Williams
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The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace 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-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally 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 relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
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ISBN-13: 9781849465274
ISBN-10: 1849465274
Pagini: 510
Dimensiuni: 169 x 244 x 25 mm
Greutate: 1.02 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării: London, United Kingdom


The critique of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU and encourage critical discussion about how it might be addressed.

Notă biografică

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


ForewordPrefaceTable of casesThe list of contributorsIntroduction1. Introduction: Europe's Justice Deficit: The editorsPart I The Many Faces of Justice in the EU2. Justice and Justification: Neil Walker3. No Need to Be Afraid of Justice. Democracy and Justification in the EU: Jürgen Neyer4. Disproportionate Individualism: Stavros Tsakyrakis5. Problems with Justice in the European Union: Andrew Williams6. The Preoccupation with Rights and the Embrace of Inclusion: A Critique: Alexander Somek7. A Reply to Somek: Andrew Williams8. The EU as a Justice Enabling Institution: A Sen-Inspired Vision: Dimitry Kochenov9. The 'Justice Deficit' Debate in EU Private Law: Daniela CarusoPart II Justice and Institutions10. The Role of Institutional Justice as a Check of Empirical Anarchy: Suryapratim Roy11. The Expressive Deficit of EU Law: Gareth Davies12. Institutional Responsiveness in the EU: Vlad Perju13. Liberal Constitutionalism, the European Social Market, and the 'Importance of Background Justice': Oliver Gerstenberg14. Justice Deficit and Legality Review of EU Acts: Dorota LeczykiewiczPart III Social Justice an1. Europe's Justice Deficit Introduced Dimitry Kochenov and Andrew WilliamsPart One2. The Ought of Justice Dimitry Kochenov3. The Problem(s) of Justice in the European Union Andrew Williams4. Justice, Injustice and the Rule of Law in the EU Sionaidh Douglas-Scott5. The Question of Standards for the EU: From 'Democratic Deficit'to 'Justice Deficit?' Oliver Gerstenberg6. Justice as Europe's Signifier Suryapratim Roy7. 'Constitutional Justice' and Judicial Review of EU Legislative Acts Dorota LeczykiewiczPart Two8. Politicising Europe's Justice Deficit: Some Preliminaries Michael A Wilkinson9. Whose Justice? Which Europe? Agustín José Menéndez10. We the People: EU Justice as Politics Daniel Augenstein11. Swabian Housewives, Suffering Southerners: The Contestabilityof Justice as Exemplified by the Eurozone Crisis Danny Nicol12. Is Transnational Citizenship (Still) Enough? Justine LacroixPart Three13. The Evolving Idea of Political Justice in the EU:From Substantive Deficits to the Systemic Contingencyof European Society Jir?í Pr?ibán?14. Justice and the Right to Justification: Conceptual Reflections Jürgen Neyer15. Justice, Democracy and the Right to Justification:Reflections on Jürgen Neyer's Normative Theory of theEuropean Union Rainer Forst16. Disproportionate Individualism Stavros Tsakyrakis17. Justice in and of the European Union Neil Walker18. Social Legitimacy and Purposive Power: The End,the Means and the Consent of the People Gareth DaviesPart Four19. Social Justice in the European Union: The Puzzles ofSolidarity, Reciprocity and Choice Juri Viehoff and Kalypso Nikolaïdis20. The Preoccupation with Rights and the Embrace ofInclusion: A Critique Alexander Somek21. A Reply to Somek Andrew Williams22. Taking Change Seriously: The Rhetoric of Justice and theReproduction of the Status Quo Damjan Kukovec23. Victimhood and Vulnerability as Sources of Justice András Sajó24. Conceptions of Justice From Below: Distributive Justice as a Means to Address Local Conflicts in European Law and Policy Fernanda G Nicola25. Qu'ils mangent des contrats : Rethinking Justice inEU Contract Law Daniela CarusoPart Five26. Just Fatherlands? The Shoah in the Jurisprudence of Strasbourg Carole Lyons27. An Idea of Ecological Justice in the EU Jane Holder28. Freedom of Expression and Spatial (Imaginations of) Justice Antonia Layard29. The Just World Dimitry Kochenov30. Conclusion Gráinne de Búrcad Solidarity in Europe15. Swabian Housewives, Suffering Southerners: The Contestability of Justice as Exemplified by the Eurozone Crisis: Danny Nicol16. Markets, Demoi, and Social Justice: Reflections on the Crisis of the European Union: Mike Wilkinson17. The Choice for Sustainable Solidarity in Europe: Kalypso Nicolaïdis and Juri Viehoff18. National and Transnational Justice Claims: Floris de Witte19. Double Life of the European Union: The EU's Human Rights Duties and Responsibilities for Human Rights: Samantha BessonPart IV Justice, Movement and Space20. Spatial Justice in the EU: Antonia Layard21. Justice from Below: Tackling the Local Inequalities in the EU: Fernanda Nicola22. Taking Change Seriously - The Discourse of Justice and the Reproduction of the Status Quo: Damjan Kukovec23. A Short Enquiry Concerning Political Justice in Europe and Its Influence on Democracy and Fairness: Agustin MenendezPart V Justice and the Political24. In the Name of the People: EU Justice as Politics: Daniel Augenstein25. Political Justice for an Ever Closer Union of European Peoples: Richard Bellamy26. Contingency of Political Justice and Depoliticized Governance in the EU: Jirí Pribán27. Is a Transnational Citizenship (Still) Enough?: Justine Lacroix28. Justice, the Public Square and Differentiated Citizenship in the EU: Dora KostakopoulouPart VI Generational Justice in Europe29. Vulnerability and Victimhood as Grounds for Reparative Justice Distributive in Nature: András Sajó30. Just Fatherlands? The Shoah Legacy in Strasbourg Jurisprudence: Carole Lyons31. Negotiating Nature and Ecological Justice in the EU: Jane Holder32. Two Visions of Justice in the EU: Sionaidh Douglas-ScottConclusion33. Conclusion: Reclaiming the Importance of Justice: The editors


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.
The pluralism in approaches ... is a big plus of this book and makes it an interesting and inspiring read: a read which has the capacity to kindle further discussion and research ... In the end, the book does not give one answer, but many - and this is what makes it so valuable for the current debate of a future (of) Europe.
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.
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.
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.
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 book is an interesting read and could not have been more timely, considering all the challenges the EU is currently facing.
Europe's Justice Deficit?, a collection of essays by leading academics and young scholars, offers a robust conversation about the legal and philosophical aspects of justice in Europe.