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Europe's Justice Deficit? (Hardcover)
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Europe's Justice Deficit? (Hardcover)
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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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