This book explores how the right to the free movement of goods,
persons, services and capital in the European Union legal order
affects welfare states. These "four freedoms," as they are known,
are vital instruments for the protection of a European market
unencumbered by internal frontiers. The European Constitution,
Welfare States and Democracy explore the relationships and
conflicts that have emerged between the European constitution and
the legal regulation of mixed economies and markets within
welfare-states. In particular, it examines the threat posed to the
discretionary powers enjoyed by national governments and
administrative authorities.
Christoffer C. Eriksen has undertaken a comprehensive analysis
of a series of judgments in which the European Court of Justice has
clearly indicated the ways in which the four freedoms may be
incompatible with the current practice of entrusting national
administrative authorities with discretionary powers and thus
highlights how the four freedoms are provoking democratic dilemmas,
previously neglected in the academic literature. The book is
written in a style which communicates beyond an audience of
specialized legal scholars and although it includes analysis of
black letter law, its methodology also draws from the disciplines
of philosophy, political science, and sociology.
General
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